Wong v. Yap

Summary

This Supreme Court resolution involves a child custody dispute between unmarried parents Nicole Tracey S. Wong and Josecarlo Anton R. Yap over their daughter Cami. After the couple separated in 2013, the child remained with the father's family. The RTC initially ordered joint provisional custody, which both parties challenged. The Court of Appeals initially awarded sole custody to the mother but later reversed this decision on reconsideration. The Supreme Court affirmed the joint custody arrangement, emphasizing that under Supreme Court rules, joint custody is the preferred option when determining provisional custody orders. The Court considered the best interests of the child, noting that sudden custody transfer could be traumatizing given the child's established living arrangements. The decision reinforces the principle that both parents should jointly exercise custody when practicable, while preserving the mother's right to seek exclusive custody during the main proceedings.