Neglect / Unfit Mother

Considered po ba na neglect sa part ng mother, when a year and a half ago, habang naka admit ang 1.5yr old baby sa hospital at sya ang bantay, iniwan nya magisa one night. Ang sabi nya sa nurse ay maninigarilyo lang sya, and nalaman namin na iniwan nya ang baby dahil bigla syang dumating sa bahay nung ama ng bata (nag away kasi sila the day before) on that night na sya ang naka-toka magbantay. We immediately called the hospital to let them know the situation and sent someone immediately na makasama ng bata. May history din sya of attempted suicide when the baby was 10mos old. (Baby is now 3yrs old) She has history of drug abuse as well, pero same sila nung father. Ang difference is nagpa rehab na yung ama, but sya hindi.

Can we use this against the mother to deem her unfit if the father wants to file for custody? (Joint or sole) Both parents are married to someone else making the child illegitimate, and the mother named the child under her maiden name and put the father as unknown.

as bizarre as this will sound, if the woman is married, the law dictates that the child's father is her legal husband and only he has the right to question it even if you have DNA evidence stating otherwise. if you file a petition for custody, this will be your big problem

I suggest you try some other tactic such as the father trying to integrate himself in the life of the child through regular, voluntary visits and providing support

Though it is not the father directly supporting the child, it is his immediate side of the family who took care of the physical and financial needs of the child since birth. The child spent more time with the father and the father's side of the family way more than with the mother.

But does the incident I cited above can be considered as neglect legally?

it can be considered a neglectful act, but whether 1 or a few instances is enough to convince a judge that she is unfit will depend on the evidence you will provide and his appreciation