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]
- Twin-Notice Rule and Procedural Requirements in Employment Termination Proceedings - June 3, 2020
- When Travel Pass is Needed for Interzonal Travel during Community Quarantine - June 1, 2020
- Can Companies Compel Employees to Work during the General Community Quarantine (GCQ) and Impose Disciplinary Sanctions - May 29, 2020
good eve po atty. ask ko lang po if pwede ko o kuni custody ng anak ko kasi po ang asawa ko ay nasa abroad.. may karapatan o ba ako sa custody ng anak ko. ang gsto ko po kasi ay umuwi na sa amin at humiwalay na sa mga byenan ko
Good day po hiwalay po ako sa aking asawa may dalawang anak po kami ngayon gusto niyang maghati kami sa mga bata babae po anak nami 7 at 9 years old na.Wala naman work ang asawa ko ako po ay may trabaho.Ano po pwede ba niyang makuha ang isa sa mga bata?salamat sa tugon…..god bless
Atty. pls hear me out. Mayron po akong kinakaharap na problema at medyo matagal na..ang gusto ko pong malaman kung paano ko maibabalik sa kanya ang ginagawa niya pagpapahiya sakin. Ganito po ang sitwasyon ko ngayon. Mayron po akong kinakasama dati at nagkaroon kami ng isang anak..at hindi po kami ikinasal. Din nagkahiwalay din po kami dahil dumating sa punto na nagkalabuan kami. Tapos ngayon po ay pareho na kami nagkaroon ng sariling pamilya at kasal siya sa ibang lalaki at kasal na rin po ako ngayon. Wala narin po akong kuminkasyon sa kanya. Pero nakikita ko rin siya at anak ko palagi pag nasa amin ako. Ang hindi kolang maintindihan kung bakit kada pag uwi ko. Parating may complain sa munisipyo. Ang gusto niya dagdagan ko raw ang binibigay ko sa kanya. Pesos 2,000 po ang ibinibigay ko sa kanya once nasa barko po ako..katunayan po niyan si misis mismo naghuhulog sa account nong babae para lang ma bigyan talaga siya kada buwan kapag nasa barko ako. Pero pilit parin po niyang ginagawang rason ang bata para makakuha ng pera sakin. At ang gusto kolang i point out. Kung hindi niya po kayang palakihin ang bata. Eh, kukunin ko nalang po. Anu po ba ang pwede kung gawin at hindi niya na ako mahabol pa.
Good evening po atty.
unmerried with 2 kids
work real estate unstable income….. good lng kc abroad c mama…
i realy need legal advise right now……
my 2 daughter needs my help… they dont want to stay on there mother kc po sinasaktan sila dahil late clang umuwi from there classmates house tama po ba na paluin ang bata pagtapos iuntog. d ko alam kung sa pader….. yan sabi ng anak ko panganay. ano po magagawa ko tulong para sa anak ko ayaw cla ibigay sakin ng ina nila. kahit ayaw na sa kanya ng mga bata.
PLS… e mail me atty.
Hello, I need your advice. We are 3 siblings in the family. My older sibling was given to my mother’s sister as for a legal adoption way back in the 80s. My older sibling then becomes their daughter legally after she was taken from our family, when she was 12 yrs. old. Our house and lot was given or made constructed/build paid by her my auntie’s husband, but unfortunately, the land title was kept from us as days gone by, because my uncle didn’t want our parents to sell it in the near future, for related reasons. Time passes by, and my adopted sibling got married, divorced, got into relationships, and currently now with a man who does not happen to be her husband yet, but she they have a 3 old daughter now, living in the U.S.
In 2014, my younger brother got married, and they willfully chose to not to leave the house, no matter how my father kept on telling him and them to do so, instead of my parents, along with me would the leave the house for renting, because that is not actually good to everyone’s sight neither agreeing to Philippine law. Reasons for that is because my younger brother is a very self-willed person. He would even shout at us anytime he wanted to do so, He has a high temperament and uncontrolled emotions and mentality. He even never recognizes parents’ authorities over him. Examples of this are; he ignored the rule that he needs be home not too late nor not coming home overnight without asking neither telling any of our parents. Never asking permission whether he is allowed to go or not to someplace. Another thing is, he would tell any of his parents that he would be late for home, never tell parents that he is going. It may be a little thing, maybe nothing for somebody, but for me, it is a thing of Respect. And he would even shout and answered to my parents like, ” do you think I do know what I am doing at my age?” Or even bang the door or stamp her hands on the dining table, and such as banging plates in the kitchen sink, and the likes. Mind you, he even cursed me a lot of times… ( I have thought that he has a mental illness, and needs to be brought to the Psychiatrist, ar any doctor, maybe counselor who can actually help him shout out his heart and mind.
When he got married, it was time for me leave the house for abroad. And these things and likes are what I was hearing happening in our house. And in my months not being in the house, I have been hearing that the couples have been fighting every now and then, shouting, throwing things that make noise that bother my parents, made them feel disrespected, tensed and problematic because my brother never listened to them.
Time has passed, and nobody knows the reason why my two siblings wanted me to be kicked out from the house. We just all walked up never being in a nice relationship.
They kept on bothering Mom and Dad, until now since my father died a year and a month ago. They still are doing things to make me not to be comfortable in our parent’s house.
My question is, how much is my chance to fight for my right if my mom would not leave us a will in the future. Or even now that she is still with us. For every relative and neighbor we have, knew, even Mom acknowledges that my presence is very useful in our house, for I do the house cleaning, clothes washing of me and my Mom, (Mom does the cooking, w/c she just loves doing ever since). I do sometimes with my own and innovative recipe). People around, knew that Mom cannot do these things by herself for my sister-law never tried to do what I have been doing in our house, they even say that she is lazy-just concerned about her own room, that even her child’s mess and diapers would not be taken care of, it’s either me and mom do it even she is home.
Yes, I have my 1 year and less 2 day-month-old niece. And who takes care and watches over her? Mom and I. And they wanted to kick me out of the house. Everybody say, “don’t they acknowledge Jen’s (my) presence in helping their Mom for their kid?” “How can their Mom do the stuff if Jen is out?” Do not they like that Jen is taking care of their Mom?”
Please advise what to do. Yes, I don’t actually help in the house financially because I chose to leave every lux in my life when Mom has undergone cervical cancer. I chose to take care of my parents instead back in the 90s, then earning money for myself. That was the start of them hating me because I do not share financially maybe, ( but I guess, there is more than that, they might feel that my Dad favors me than them both, I always ran to him for advice) but I gave all my self, my physical strength for them. I do every single thing in the house while they are earning for Moms medication. I even bring Mom alone to the clinic for her treatment every day and sleep with her in the hospital during all her chemo treatments, go home to look good and do household chores, get back to the hospital with cooked food, which neither of my siblings did.
Until the day my Father died, I was alone in the Hospital with my high fever and cough taking care of Dad, No one among my siblings did the thing like what I had done.
Atty. Please advise me, do I have to right to be kicked out from the house?
How much chance do I have by owning/inheriting my mother’s house if she does not leave us any will? – in the future)
How much possibility that they can stay in the house if they just keep on looking for and making ways to make me angry and suffer discomfortness – wanting me to leave Mom and leave her to them.
Does my sister who was happened to be adopted – legally changed her named 2x times still has rights for the house/owning the house. As I understood, she asked a lawyer to set things regarding our lost land title. Is it lawful if she or both of my siblings agree to pay for a lawyer to make a land title and named it to one of them, – to my brother most probably without my parent’s concern?
My brother told me one time that he would file a petition for if I touch or get nigh to her kid. Yet me and Mon are being left in the house with the baby the whole day until past 9 pm. Can Mom survive?
Yes, they do not want to hire a maid or a nanny for their kid, and not even giving Mom extra for that. Their financial shares are actually too short just even for both of their necessities such as food, electricity and water bill, the house actually, compared if they will rent one. If rights will be the issue here, whose right is more winning?
thank you so much for patience reading this letter.
Atty. I didn’t intend to make this one too long. But I also want to give you more specific details. thank so much and I’m hoping, really hoping that I can receive an e-mail back regarding this from you.
Thank you so much.
Yours,
Jennylyn Aquino
Angeles City, Pampanga
Philippines
Thanks for the accept..hingi lang ako.advice. almost two years na kami hiwalay ng asawa ko. Meron nansyang kinakasama naniba which is dinedeny nya. Meron din ako pendingbcase sa kanya which is hinold k kasi somehow naawa ako sa kanya. Physica abuse un. After nun. Never sya nagbigay ng support. Di ko rin sya pinwersa pa. Nakakayanan k naman. Gusto k lang katahimikan. Ngayon last month nagulat ako binayaran nya ang oending tuition ng anak namin sa school at pinapalabas na nagsusustento sya. Ako pa ngayon ang pinabaranggay na tinatago ko daw ang anak ko. Samantalang same school and sa nanay ko ako nakatira which is alam nya pero ni minsan hndi sya nageffort na puntahan ang mga bata tapos bglang ganito nagugulo ang utak ng mga bata. Ano ba ang pwede k g gawin
Hello Atty.,
I am an 18 year-old illegitimate child. My mother has me from wednesday night to sunday noon. My father has me from sunday afternoon to wednesday night. I have always felt as if my mother did not care for my emotional being. It feels like a toxic relationship where she makes an issue over one matter and blows it out of proportion. But I feel that my father is the parent that I need so I can focus on better things. He has not failed to give me advice about career options and is always there for me, unlike my mother who i do not really communicate with. He has a nice home environment I feel I can grow as a person. It was sad that before I could only see him once a week.
What do I do if I want to if I want to choose which parent to live with? In my case, I want to live with my father permanently, and not live with my mother anymore. What are the steps? Or can I just leave my mother’s house and never come back? However, she has all my documents such as birth certificate and passport.
Please I do not want to have depression.
good evening po attorney. i’m a single mom. simula pong ipanganak ang anak ko, tita at tito ko po ang smasagot sa lahat ng gastusin namin. 2 years old na po ang anak ko. at gusto ko po ngayon na ako naman po ang bumuhay sa anak ko. pero hindi ko po magawa dahil hindi din po nila ako pinagtatrabaho. ang nangyayari po kasi, parang unti unti na pong nawawala ang karapatan ko sa anak ko. mas may authority pa sila sa anak ko po kaysa sa akin. ang gusto ko po sana, umalis kami ng anak ko dito sa bahay at tumira sa ibang bahay. ang inaalala ko lang po ay sigurado po ako na hindi nila kami papayagan na umalis dito. ano po ba ang dapat kong gawin mga makaalis kami ng anak ko po dito? sana po ay matulungan mo po ako. salamat po
Sir/madam,
Mayron pa ako gustong maliwanagan sa kaso ng anak ko..lalaki po ang akin..mayron po siyang naging anak..sa kanya po nakapangalan at sa amin din po buhat pagkababy. Ngaun mag 1yrsold na..ngaun nakakalabuan cla ng babe at gusto kunin ang basta ng ina..OK lng PO yun sa amin..ang kaso I tong babae mo may dalawang anak pero iba iba ang ama..tanong ko po Ito po ba anak may karapatan sa kanya mapunta ang bata…na halos a raw a raw cya ang aalaga.yun ina PO paminsan minsan lng Kung dalawin ang bata…nagdesisyon NA ang anak na layuan cya.HINDi po sila kasal….may karapatan po ba na mapunta ang bata sa ama..salamat po..
hi attorney:
Bulag po ang aking pinsan at hiwalay sa aswa ng matagal na panahon na. Tanong po kung ano po ba ang karapatan ng isang BULAG na AMA para sa kanyang anak? ang mga anak po niya ay nasa nanay nito, gusto lang po sana mangyari ng aking pinsan na magkaroon ng karapatan para madalaw niya o bigyan siya ng karapatang makapiling ang kanyang mga anak. Anu po ba ang pwedeng gawin?