Key legal question
Whether custody of the child should be awarded to the father or the mother in protective-measures proceedings
Extracted holding
Custody could be awarded to the mother because the child’s best interests and stability favored continuity with the primary caregiver, despite the mother’s failure to facilitate contact with the father.
Extracted reasoning
The court held that under Art. 176(3) CC and the child’s welfare, the decisive factors were the mother’s predominant care since birth, the child’s young age, her settled life with the mother, and the risk of disrupting development by moving custody to the father.