Children of parents separated or divorced.
Section 771
SEC. 771. Children of parents separated or divorced. — When husband and wife are living separate and apart from each other, or are divorced, and the question as to the care, custody, and control of the offspring of their marriage, is brought before a Court of First Instance, by petition or otherwise, or rises as an incident to any other proceeding, the father and mother of such offspring shall stand upon an equality before the court as to the care, custody, and control of the offspring so far as it relates to their being either father or mother of the children. The court, upon hearing the testimony of either or both of said parents, and such other testimony as the court deems pertinent, shall decide which one of them shall have the care, custody, and control of such offspring, taking into account that which will be for the best interest of the children: Provided, That if such offspring be ten years of age or more they be allowed to choose which parent they prefer to live with, unless the parent so selected by said child be unfitted to take charge of such child by reason of moral depravity, habitual drunkenness, incapacity, or poverty, in which case the court shall determine the custodian of such child. If, upon such hearing, it should be proven to the court that both parents are improper persons to have the care, custody, and control of such child, the court may, in its discretion, either designate some reputable and discreet person to take charge of such child, or may commit it to any asylum, children's home, or other similar benevolent society within the islands. The court may order either or both parents to support or help support said child, irrespective of who may be its custodian. The court shall have full power and authority to make any order or decree that is just and reasonable, permitting the parent who is deprived of such care and custody of said child to visit it and to have temporary custody thereof.