Basic Issues in Child Custody in the Philippines

Custody of children is one of the most intense aspects in family litigation. A custody battle could be an independent case or a mere incident in an annulment/separation case. Some basic matters pertaining to child custody under Philippine laws are discussed below.

Basic Issues on Child Custody in the Philippines

In custody disputes, what is the paramount criterion?

The paramount criterion in custody disputes is the welfare and well-being of the child, or the best interest of the child. The court, in arriving at its decision as to whom custody of the minor should be given, must take into account the respective resources and social and moral situations of the contending parents. Nevertheless, this primordial rule can override the rights of one or both parents over their children.

What is the general rule as to custody over children?

The general rule is that a child under seven years of age shall not be separated from his mother, which is based on the basic need of a child for his mother’s loving care. Article 213 of the Family Code provides that “[n]o child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise.” This is more pronounced in case of illegitimate children, as the law expressly provides that illegitimate children shall be under the parental authority of their mother.

Is this rule absolute?

This rule is not absolute. Even a mother may be deprived of the custody of her child who is below seven years of age for “compelling reasons.” Instances of unsuitability are neglect, abandonment, unemployment and immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity, and affliction with a communicable illness. Negligent and careless failure to perform the duties of parenthood is a significant element of abandonment, regardless of actual intention. A strong basis for a finding of the parent’s abandonment of his or her child is found in the case where the parent has left the child permanently or indefinitely in the care of others, given it to another, or surrendered it entirely.

I left my child with a relative, even signing a document to such effect. Am I barred from taking back my child?

Parental authority and responsibility are inalienable and may not be transferred or renounced except in cases authorized by law. The right attached to parental authority, being purely personal, the law allows a waiver of parental authority only in cases of adoption, guardianship and surrender to a children’s home or an orphan institution. When a parent entrusts the custody of a minor to another, such as a friend or godfather, even in a document, what is given is merely temporary custody and it does not constitute a renunciation of parental authority. Even if a definite renunciation is manifest, the law still disallows the same.

Is the court bound by such preference of a child below 7 years of age?

While such choice is given respect, the court is not bound by that choice. The court may exercise its discretion by disregarding the child’s preference should the parent chosen be found to be unfit, in which instance, custody may be given to the other parent, or even to a third person. Decisions on custody of children are always open to adjustment as the circumstances may warrant.

[See also Child Custody of the Father and Mother, Visitation Rights in the Philippines]

Atty.Fred

549 thoughts on “Basic Issues in Child Custody in the Philippines

  1. Ruffa

    Hello atty! My sister in law gave birth yesterday. Shes not married with my brother. They are so young. Shes only 18 & my brother is 20. I paid the medicine in te hospital before my sister in law goes to delivery room yesterday and her parents & siblings didnt even give any anount of share. Theyve never even visited their daughter when she was pregnant but now they went to the hospital earlier to pay the rest of the bills which only cost 5k so they can take the their daughter & her baby home without telling us. My sister in law lives with us for a longg time and they never visited her even once but now they wanted to take them home. My brother and her live in partner are not married but what are the rights pf my brother to his baby? My brother is working in a restaurant. Im also working. My eldest brother is working as well. My sister in law’s family doesnt have work. They cannot afford to raise the baby and give its needs. But they wanted to take the baby. I wish you could help me. Hope to hear from you soon. It will be very mush appriciated. Thanks a lot atty. have a great day!

    Reply
  2. MIchel

    my wife and i separated almost two years we have child who is 8 years old my mother in law is the one who take good care of her while me and my ex wife have a job i am only take a visit of my child when i”m in day off as a father do i have the chance to gain the full custody of my daughter i”m still the one who take all school expenses of my daughter.

    Reply
  3. Bryan

    I am a overseas worker before I went abroad I still support my daughter needs my mother visit her all the times and my daughter always at the neighborhood living because her mother always abandoned her We are not married we are only live in she don’t have a job until now she married to other man and get pregnant and still she wants the support of mine i don’t want like this I want the custody of my daughter is it possible because the Dswd and one neighborhood of us working at the barangay they make document,that they don’t want to give my daughter I feel that they want making money for support can you help me so that when I go home I know what to do..

    Reply
  4. Bryan

    I forgot to say that the family name bringing of my daughter is mine and she want to change it without my permissions and also I still support my daughter needs until now…please give me advice what to do help me I really wanted to get my daughter and give her a good life…good future

    Reply
  5. mau

    good day,i have a 2year old kid from my previous bf,he is illigitimate child carrying my surname.im the only one supporting him since the father disappeared leaving us while i was still pregnant of the kid.nothing heard anything from him since then.now i am married to a foreign national and had already lodge a visa application for me.later then,my husband wanted to take him with me if ever i left the country permanently.im from philippines.i wanted to know if i will need to get a court order for the kid in order him to be able to come with me at the same i will have to,if chances will be good at us since i cant see no relatives i can trust much to look after him very well and it is in his best interest to be with me as he is just 2 years old.as the mother of the child,do i need to apply for the child custody or if not what do i need to show to the immigration in order for them to allow me to remove my child in our home country?and if i do need to get a court order what are the process and how long it will take what are the required documents?i am seeking advise and i found this website as i browse the internet.i hope you can help me thanks god bless!

    Reply
  6. darina

    hi gud pm just want an advice…my husband has a 2 kids on her ex girlfriend we want to see the kidsbut the mother always come with us in such a way that the kids are not recognizing their father because of the mothers act..when we are going to fetch the kids the mother also want to come..can we have a custody to the child or do some contract about the custody of the two children? we want to get the two kids from her because she cannot perform her responsibility because her work is very far in their house…the two kids are always left with her mother…their house used to be gambling area…all i need is for my child to have a great future..what advice can you give me?

    Reply
  7. klara

    Bellatrix18

    Ano na nangyari sa situation nyo? I have the same situation, please help also Kung nasolusyunan nyo na. Ano steps ginawa nyo? Thanks

    Klara

    Reply
  8. Jenny

    Hii have a 2yrs old son myhusband has been jobless since we got married. We are also undergoing marital problems. I wants to file custody for my sonbecause i also experiencing emotional blackmail from my husband.Will i get the custody even if im not physically present to give maternal love? Does i have the right to choose who will take care of my children,

    Reply
  9. Jezieboy

    Hi,

    I want to help my brother regarding his problem. He is a seaman, he’s on board the ship right now. The thing is, he has a child (Turning 8yo on 01/06/15) and a wife (Not legally married). Last month, the wife’s sister (who was living with them then) messaged me through facebook that the wife lets a man sleep in their rented room two times. The room is not that big, maybe around 10 square meters and no divisions inside. As what the sister said, the man was the wife’s supervisor on her previous job. This is not the first time this happened. During my brother’s previous contract, the wife sent a text message to me accidentally, a message intended to a man who accompanied her somewhere, saying that the she was happy she spent time with him (The text message has been deleted). What are the grounds that we can get the child’s custody? What should we do? Your response would be greatly appreciated. Thanks.

    Reply
  10. Brett

    Hello I am writing from America. My fiance received her annulment last year, she has been separated from her ex for six years. We met five years ago, she has a daughter who is in her custody (legal) her age now is 11 years old.Last week my fiance received an approval for a K-1 and K-2 visa to come here with her daughter. My fiance plans on leaving the Philippines with her daughter but not telling her ex. I am sure there is a legal protection there in the Philippines, for the parental rights of the father? if you could provide a simple answer or give a path of direction I should make her follow about this I would greatly appreciate that help. Thank You

    Reply

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