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 atty
I have a 12yrs old daughter hes is my illegitimate child I took her here in new Zealand October 2008 till now im struggling to go for holiday with her or to enroll her in collage as hey need sher fathers consent… would it be possible to file full custody in the Philippines while im in nee Zealand?
Hello po atty.kapag po ba nasa abroad ang nanay ng bata pwede po bang kunin ng tatay yung bata??kasal po sila pero ho di po sila nakatira sa iisang bahay naiwan po sa nanay ng babae yung bata pero ayaw po ibigay yung bata sa tatay.anu po kaya ang pwede gawin.umalis po kasi ng bansa yung nanay ng di nagsasabi.
Goodevening sir, I would to seek advice. 2yrs ago I worked as an ofw and left my 5 yrs old daughter to my mom. Wala pang 6months kinuha siya ng ama nya at nag board ng room somewhere. I’m sending Lil amount for my daughter during enrolment, birthdays and Christmas. Now, gusto ko po na idalaw nya anak ko sa akin even weekends but ayaw ng father ng bata. Anu po ba ang pwede kong gawing hakbang tungkol dito…mag 8yrs old na po ang anak ko this coming May.
Waiting and thank you so much!
Good day Atty.
Does those “compelling reasons” rule also apply to illegitimate child or only bound for legally married?
Thanks and regards,
Bry
Atty. good evening where would it be okay to get in touch with you?
Atty, I am a mother of 2 kids, the father who is now living-in with both our former officemate, does not want to comply to the agreement that when the kids are with Him, the girl should not be with them. For some moral reasons. . .
He sent a demand letter back, saying that he does not only want an overnight but 3 days in a week. My kids are 4 and 3 years old. And I really don’t want them to have overnights with Him. Because he has moral issues too. Should we reach court, is there a possibility he would be granted to be with kids for a longer time? Thank you very much.
Magandang Araw po,
Kaso po ito ng kapatid ko , may partner po sya at nagkaanak po sila… may ANim na buwan na po yung bata.. (babae) . Pero kagabi lang po, umalis siya bitibit yung anak nila ng kapatid ko. wala po syang paalam.. nagulat nalang po ang kuya nung tumawag na bantayan ang bahay dahil umalis na daw po sya… Sinibukan namin habulin pero di sya nakita… Sa pagkakaalam ko po taga Tuy, batangas ang Babae.. wala po xang trabaho,,dahil simila nung nabuntis sya samin na sa tumira.. Di naman po ganon kaayos ang pamumuhay nila sa batangas… Gusto po ng kapati ko na makuha nya yung anak nya.. Ano po kayang ang maaari naming gawin… Salamat po.
Hi, I am an American residing in the Philippines and I have 2 children, ages 5 and 3 who are in the custody of my ex-gf, who I could never marry because she lied to me and said she was single but turned out to be married to another Filipino dude who is an OFW in Saudi. We ended up having 2 kids because she knew how to abuse and control me. She lied to me and said she had an annulment but she is a compulsive liar.
She now has a new black American boyfriend who is sending her Western Union money by remittance every month, so she now wants to cut me out of the picture and replace this guy as my kids’ father and she makes my kids call this ugly baldheaded dude “DADA”.
She is using a very extreme form of parental alienation against me and she even took my son out of kindergarten (I was paying the tuition), so she can ensure that my kids cannot speak to me in English since my tagalog is kunteelang. She has hardly any education so school is not really important to her and books are like Kryptonite to her unless it is a porn magazine.
She is really insane and I really can’t figure out how I got caught up in such a mess. Loyalty or stupidity? I guess both? My kids look awful…malnourished,scars from mosquitoes and random beatings from her. Filipinos wont listen to me bc she plays the vicitim and tells everyone im some psycho foreigner who gets drunk daily and likes domestic violence. The crazy thing is that I’ve been separated from her for 4 years now so her reasons for paternal alienation cannot be validated. I am guilty of calling her a scumbag whorebitch and cussing her out constantly (which im trying to get under control) but what do you expect? She is robbing me of precious time with my children that cannot be replaced..
I filed a case with DSWD but they are slow to respond and they use a yahoo email address which makes me think this agency is very underfunded and understaffed because they dont reply to my emails and none of their phone numbers work. I was assigned a case worker but she called me once and never called again. I don’t know what kind of agency that is but it seems very unorganized and they really dont know how to handle parental alienation cases? I’m not sure. I hope they will do something or I guess I need a lawyer in this situation.
If you are a lawyer and you geniunely care about helping me (not collecting high retainer fees from a foreigner) because I love my kids and the only thing I am guilty of is ending a 6-year relationship with the craziest bitch from Tondo, Manila, please contact me at acuario2015 at gmail dot com. Thanks!
Good Day Attorney,
Im the father of two illegitimate boys. Their mother and I have been separated for nearly 3 years and during that time my sons have lived with my age 6 & 7 and I have supported 100% of their needs. Now their mom wants to take them away even though we agreed to joint custody in Pasig court.
I dont want them taken away. Can you guve me advice.
Thanks,
A Dedicated Father
Magandang hapon atty.Tanung q lang po about sa anak ko na asa aking pangangalaga.Ako po ay isang sundalo.3 Years na po kmi hiwalay ng asawa ko.Hiniwalayan ko po cia dahil nalaman q na nanlalalaki cia at ibinalik q na siya sa kanyang mga magulang. .Tapos marami na din po cia nakarelasyon na nalaman ko.Ngaun po nag file aq ng annulment kaso sabi nya papayag lang sya pag pumayag aq sa kondisyon nya na schedule ng anak namin.halos 3 years din cia d nagpakita smin ng anak namin ngaun po ay un ang gusto nya.Ang totoo po neto after ng kasal namin nalaman q na my anak na pla siyang pinabayaan sa Cebu at iniwan sa kanyang mga magulang tapos sabi nya patay na daw un.Ag totoo pla buhay pa pla ung bata.makukuha nya po ba ang anak namin o mananatili skin ung bata atty? .
Sir magndang arw po. Ano po ang dpt kung gawin. Nag hiwly kme ng live in prtner ko. Sumam sa lesbian iniwan niya ank ko s kin for 1 year tapus bigal bumalik kinukuh niya anak ko. Ayaw niya ipakita sakin. D niya dw pinag dadamut pero d siya pumapayg na matulog anak ko sa akin at kung hirmin ko dapt iuwi ko dw ng gabi. Bilng tatay ay masakit sa akin na inaalisan niya ako g karpatan s bata. ISANG taong niya iniwan anak ko at summ sa lesbian. Kht wala n kme ay s kin aiya kumukuha ng pera at iaang ton ko din siyang binigyan maski wla naag 7 na po anak ko sa june 19. Anu po dapt kung gawin eh wala siya work at Takit bta sa kanya kasi mahilig siya mamalo ng subra po.