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.
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]
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Good day Atty. May I just ask If I’d be getting full custody of my son. What will be my first step? We are unmarried and my sons father is an OFW. I have proof that he has another woman in the same country to which is also a Filipina. My concern is that I just want to clear things between us since he is not supporting our son physically, emotionally and financially. Thank you Atty!
Good day Atty.
Ask ko lang po nag file daw pong annulment mister q. Then sabi nya tapos na daw po. Nakakuha po aq sa nso ng naka secpa na may null/void na notes sa mar cert namin. So akala ko po ok na. Nid q mag change ng passport from kasal to single. Isang need po ay yung court order from rtc. So nagpunta q sa rtc na nakaindicate sa mar cert namin. Sabi po sa rtc wala daw po file at fake daw po annulment namin since alam nila na wala ako pinirmahan. Madami daw po case na ganon. May bago na po sya asawa at may anak na sila. So it means kasal pa din kami at pede q sya kasuhan ng pangangaliwa? Then gusto po nila ng family nya na kunin ang 2 anak namin. Boy is 12 and girl is 6. Mahirap lang po aq at may kaya sila sa buhay kaya tinatakot nila aq na mag file sila ng custody at kukunin mga anak ko sa akin. Anu po ba dapat q gawin. Kasi mahirap lang po ako at ang fam ko. Kung sakali po ba may laban aq na makuha ang mga anak ko?
Nung nanganak po aq sa panganay namin dec 2002 pinalabas po nila sa bc ng anak ko na kasal kami ng mister q. Kahit hindi namn po yun totoo. D q poalam panu nila ginawa ung papel. Basta pumirma na lang po aa pag kapanganak ko. Wala po ako magawa dahil mahina po aq at kapapanganak ko pa lang. D q masyado napansin ung mga info na un. Yung daughter po namin nung ipinanganak ko kasal na po kami. Ikinasal kami 2007. 2008 po ipinangank daughter namin. Nasa akin po mga kids since naghiwalay kami nung 2011. Ngayon pp pinupush ng inlaws ko ang asawa ko na kunin sa akin ang mga bata at magfile ng custody. Tutulungan daw po nila sa gastos ang mister ko. Ngayon po wala pa po ako work baka by july pa po. Atty masalimuot po masyado nangyari sa life ko. Ang sama ng fam ng asawa ko. Nanahimik po ako at di nagreklamo dahil important lang po nasa akin ang mga anak ko. Ngayon po sila pa ang matapang at gusto kunin ang buhay ko. Mga anak ko na lang po ang reason kaya nabubuhay ako. Pano na po ako pag nawala na sila sa akin? Hindi ko na po alam ang gagawin ko. Takot po ako kasi wala po ako pera pambayad sa abogado if itutuloy po nila yun. Ano po ang dapat ko gawin? Salamat po
Is it possible for my second child to be adopted by my sister in law without my consent? I’m not married to my daughter ‘s father ,due to unstated reason our relationship didn’t work out so I need to leave their house in the province…few years till now she (my daughter) is with her father in the province and I’m in Manila.. because he said its his obligation to raise her and since I’m jobless that time but I have now….Until I got a call from him today and telling me that he wants our daughter to be adopted by her sister because her sister is already a citizen in Canada…
i was separated for 3yrs now. Just this year the communications between me and the father of my child has been open and just last week they asked to have the child for a vacation in the province and told us to return the child after a week. so i spoke with the father of the child yesterday what time am i gonna pick up my daughter,then told me it’ll be tom. morning so everything was clear. then just this afternoon i called again to speak with my daughter and confirm the time for tom. and to my surprised the father just told me that he’ll no longer bring the child back and it’ll stay there for good.they already enrolled the child and already consulted DSWD.they advice me to go to DSWD as well and see each other in court for the childs custody.. what can i do now??? whats the best thing to do??? please help me.
I am from Cebu. Me and my wife have been separated for more than a year now, out of spite she took our 3 kids with her ages( 9,5 and 2) and left them to her parents in Mindanao but I dont know the address since its not their own house and they never told me even if I kept asking them for the address. She wont reply in her facebook and she changed her number and the kids as well. But shes here in Cebu while the kids are in mindanao. She told me to file for annulment and she will bring the kids back here in Cebu,she was very firm in that, to which I did just for the sake of the kids even if I dont have that much money because I know her parents dont have any source of income in mindanao and my kids are now studying in a very small public school there. they were studying in a private school here in cebu but had to stop because my wife took them to mindanao without my knowledge,that was when we were still on speaking terms and she asked for money for my daughters birthday but instead used it for their fare and took the kids with her.
Now that I have already filed for annulment, she still didnt bring the kids here. School have started and the case havent had a single hearing or a mediation(just the raffle) since were still waiting for the hearing schedule.
Our marriage is about to hit 10years but we separated because she has a very violent temper and would break things in our house and I dismissed it as her being highblood,until she broke the cars windshield and 3 of the office computers because she was angry . Im not sure if thats normal for wives to be that violent but I cant live with that anymore so I lived in my parents house for the mean time since Im afraid of whats going to happen next.I dont want my kids to see any more of her violent side. Now shes mad and wont cooperate for the kids sake. Keeping our kids hidden from me.
My question is, aside from waiting for the annulment case to be finished,which will be years,what can I do to get my kids back here in Cebu?
hi! I’m Rachel 22, married but we separated 4 yrs ago. Could you please help me and give me advice as im working abroad and mu daughter is with my in-laws with his dad. I dont have any communication with my daughter whenever he’s there but everytime i’m hoing for vacation in Philippines my daughter is with me, but merely as my in laws ai not allowing her to always stay with me. I have bf and my ex has gf too.. Eeverytime im asking my parents to borrow my daughter they are not allowing. I want to get the full custody of my daughter shw’s 7 now and i’m the one supporting her tuition fee, i’m here in abroad and my ex husband is also into drugs. My parents in law are the ones whose really taking care of my daughter but i want to take my daughter and let my mom take carr of her as i can give more financial support to her than my ex, my ex doesnt have good work. Please help me and advice me.
Hi atty. just wanna ask about the custody of my child after ng annulment namin ng ex husband ko. Nov. 04 2014 is the exact date ng ma file ko yung petition ko, i filed it sa las pinas RTC.. Nakatanggap lang ako ng summons siguro mga 4 times palang and wala ng padin updates sa petition ko. I just wanna know po kase mag 7 years old na yung daughter ko this october. yung father kase nya and my inlaws before po ay sobrang nakakainis kapag nag sasabi sila na hiramin yung anak ko. Ayaw naman po kase ng anak ko pumunta doon kase lagi daw nag iinum ng beer ang daddy nya at di naman daw siya naaalagaan doon. Kapag sinasabi po kase namin na ayaw ng bata pumunta sinasabi nila samin na tinuturuan kase namin kahit hindi naman tpos matapang sila na sabhin na may karapatan sila sa bata at mag hahabla or mag file daw sila sa custody ng bata. Pano po ba yun eh wala naman sustento binibgay sa bata kami ng mama ko nag papa aral sa anak ko at salahat ng gastusin para sa bata. Yun lamang po ang katanungan ko.
hello atty
My Brother have a baby girl to her girlfriend,thier both agree to using my brother surname for thier child in the birthcertificate..but the mother of the baby my bro gf died 2 weeks na po..my brother have the right for his baby custody Bcoz until now all the baby needs we give to his baby..and now the mother of my brother gf wants to change the surname of the birthcertificateit is possible?.and she had a plan to work abroad..and she is a second family ..now the nanny TakeCare of the baby until now there not calling us to back the baby to us.there is possible that the baby gave to his father’s care
Thank You and i am looking forward for your Response
Best Regards
Godbless u more
Shierlyn
Hi Atty. My brother has a 2 year old child. A month ago, his live-in partner left him due to misunderstandings. The girl suddenly left without us knowing. A few days after, she went back just to get her things, and without even showing up to her baby and to us. Now, it’s been more than a month that the baby is with us. My mom and dad, my eldest brother and I are the ones taking care of the baby. The baby stays with us especially that my brother has shifting work schedule. Yesterday, we got surprised upon hearing that the baby’s mom called up my brother telling that she will be getting her baby and would bring DSWD to pick her baby.
After all, in the first place, she abandoned her baby. She has no work.
We actually put up a small “sari-sari” store then just to keep her busy so that she won’t feel bored during those times they didn’t have the baby yet. Until now the store is still open.
Is the law on custody of child below 7yrs old absolute? Will she be taking away the baby from us? Please advise us on what legal grounds can we use to keep the baby with us who are very willing and capable of giving the love and support his mom couldn’t give him.
Thank you.
Hi please help me ano po bang dapat kong gawin nasal po sa asawa ko may dalawa po kaming anak nitong buwan at kasalukuyan hndi na po maganda pgssma nmn mg asawa.may babae po ung Mr. Ko ang nangyari po ngaun umuwi po cla ng babae nya sa amin sa bahay ng biyenan ko wala po kaming matinding pinag awayan basta gnun nlng gnwa nya piano po ung karapatan ko bilang tunay na asawa,ano po ba dapat Kong gawin may dalawa po kming anak gusto ko SNA makuha custody nila hndi nmn po ako mka pg complain kc mahirap LNG ako SNA matulungan nyo ako