In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. xxx” Thus, parental authority over a child is primarily vested to the father and mother of a child. Thus, the surviving grandparents shall have a substitute parental authority over such child. It is undeniably clear that your father has the parental authority over your now parentless nephew. In fact, this preference for grandparents in exercising substitute parental authority is again mentioned and further emphasized in another provision of the Family Code, which states that:“Art.

Source: Manila Times August 28, 2020 16:07 UTC