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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Hello po mr. Atty. I just wanna ask…May asawa po ako pero hindi kami kasal .Live in lang kumbaga.Ngayon may iba syang babae at manganganak na this december.Yung mga anak ko nasa nanay nya sa province kasi nandito ako sa manila nag wowork nagpapadala lang ako ng pera linggo linggo.Ngayon uuwi sana ako sa provincia ko sa Surigao at nais kong dalhin ung mga anak ko pero ayaw ibigay ng ama nila.Nais raw nya dalhin sa bago nyang kinakasama. Hindi kopo alam kung may laban ba ako pag sakaling ilayo niya ung mga anak ko eh hindi nmn sya nagpapadala ng sahod nya nitong huli…Salamat po if ma advice nyo ung dapat kong gawin.
Atty, i have an issue sa custody. I have a daugther and her mother and i are not married.
Now i want to get the kid to get her to a good school or take her here in Singapore where the education is supreme in Asia. In fact no.1 na education system dito. No matter how inexplain it to the mother she dont wanna hear it. I always hitvthe wall at ang katwiran nya sa lugar namin mag aral ang bata blocking all possibility for the kids future.
I wanted to file a case not to actually take the cuatodybof the kid ut just to get her to study outside our sleepy place.
Is there any avenue in phil law i can explore to force her into submission?
I need your in depth advice on this and if you may, kindly give me your number or other contacts(email perhaps) so we can discuss this at length.
goodmorning po…meron po kasi akong pamangkin na anak ng cousin ko.yung cousin ko po minor so nanganak xa sa amin.pero pag alis nya sabi nya iniwan nya ang bata.ngayun po sabi ng isang ante ko aampunin nya kasi wala xa anak.imbes na kegal adoption paper inerehistro po ang bata na ang nanay na nanganak ay ang anye ko.ngayun po ng abrod yung ante ko.ako po nag alaga sa bata until 2yrs old.then nag abroad din ako.ang bata inalagaan ng mama ko.anu po gagawin ko kung sa tingin ko wala naman na talagang interes ang nag ampon sa bata.nais ko po sana gawing legal ang pag adopt at ako na ang parent ng bata.
my brother wants to get custody of his 2 years old daughter. his live-in partner lives in the province with the child and always leaves the child with the care of her mother who too old to care of my niece, whenever she wants to leave the province and go to manila. most of the times, napapabayaan na po yung bata. his live-in partner already abandoned her first born with another man and now in the care of her previous live-in partner. pumapayat yung bata, may mga sugat sa kung saan saan bahagi ng katawan.
nakuha ng brother ko yung anak nya at pina check-up, mostly virus and caused ng mga sugat na pabayaan kaya kumalat.
may chance po kaya na makuha na ng brother ko anak nya and just to stay with him. willing po kameng kumuha ng lawyer for this concern. thanks.
Hi Attorney,
Just want to ask for some advise. I am married and I found out that my husband has a mistress and left our house with our 1 year old son. I allowed him to borrow our son once a week since he’s still the father provided that he will not bring my son to his mistress. But then a friend told me that they see posts in social media showing that my husband and my son is together with the mistress in a resort. My husband is not telling me the truth of my son’s whereabouts when he borrowed it. So knowing that I told my husband that I will no longer allow him to borrow my son. And now that he no longer borrow’s my son, he also stopped his financial to us every month.
Can I still demand for his financial support to me and my son even if I no longer allow him to borrow my son, even if I have reasons to do so? Are my reasons valid for not allowing him to borrow my son?
Hoping for your advise on this matter.
Thank you,
Cams
Good Day!
Gusto ko lang po ikonsunlta itong problema ko.
May dalawa po akong anak at sila ay nasa pangangalaga ng kanilang ama kasama ang Lolo at Lola nila.
Ito po ay sa kadahilanan na mayroon kaming problema ng ama ng aking mga anak kaya kami ay pansamantalang naghiwalay.
Nagkaroon kami ng kasunduan na hihiramin koang aking mga anak kapag bakante ako dahil ako po ay isa pang estudyante. Ang problema ko po ngayon ay ipinagbabawalan ako ng kanilang Lola na sila ay bisitahin.Ano po ang magagawa ko?
Hi im jeffrey kasi po young lola ng anak ko gustong makuha sa akin pero nag usap na po kmi ng ina ng aking anak na sa akin muna ang anak namin ngaun medyo nag away po kami ng ina ng aking anak ngayon po gusto ng lola ng anak ko ay sakanya dw po ang anak namin. Pero sa istado ng kanyang buhay ay hnd maganda… Ang tanong ko po kung my karapatan ba ang lola na makuha ang anak ko
Good day Atty,
I have a 2 years old son his carrying the father’s surname. But were not married. Hiwalay sya s asawa bgo naging kame. At bgo sya nagpakasal sa ex wife nya,may anak sya sa iba,at kasama nya ngayon.I’m working as a ofw now and its just 3 months from now.Habang kame nagka affair p sya sa iba at may anak na mas bata sa anak ko ng 1 year.Hinayaan ko LNG po sya kc sabi nya ako nmn DW ang asawa nya,hayaan LNG DW nya yun. Now, im working as a ofw 3 months from now.Pero 1 month ago, nagtalo kame for not telling me sa sitwasyon ng anak ko.He left the home (my parents home) and dinala nya yung anak ko.
Now, he is living with that girl. Their 1 year old daughter and his oldest daughter with his father and grandmother. Wala xang trabho ngaun,pa extra extra LNG,namamasada minsan.manginginom po xa at babaero. Nakulong din po sya ng kapapanganak ko plng dahil s illegal position of firearms.At nag aalala po ako kung anong behaviour magkaroon anak ko kung sya any kasama.
Anu po any dapat Kong gawin PRA makuha ko ang anak ko ng legal.ayaw nya kasing ipahiram ung bata sa amin. Parehas kame ng bayan,magkaibang brgy LNG.
Hoping to have a good and immediate response regarding my problem,
To god be the glory.
Best Regards,
Marissa
magandng arw po atty..
meron po kc aqng dlwng ank nsa dti q png klive-in knukha q n po pro ayw n png ibgy ng nany nya skn,dhln po nla pnbyaan q dw po
kht po ang dhln ay iniwn q pra mgtrbho
dhl hnd nmn po aq bningyn ng pera o pnggsts man lng at bukod po don ung ngssma pa ho kme ay nmbabae pa ho sya at my nbuntis pa ho syang ibang babae nung ngssma pa ho kme,pero ang gsto q lng ho tlga ay ang mkugg ang mga ank q.
sna po ay mtulungn nyo po aq
Hello atty..this is lady vien fernandez a single mother was pregnated with the same of my age 20 years old..we didnt finish our studies and wanted to ask from your legal rights advise?? What are my rights and legal actions regarding with my baby have no work..cant afford to feed and provide my baby daily needs..i am abandoned with his father and dont get any form of financial support..i leave this in your good hands…