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 pm po, nagfile po ako ng annulment nagrant po ito . pero hindi ko pa po hawak ung decision sabi ng attorney iba pa po ang case para s custody ng anak ko para matapos annulment. paano po ba step non,matagal po ba at ibang bayad and case po ba iyon para sa custody?
salamat po sa sagot in advance
regards
Hello…. I don’t know if you could help my niece with this matter….
She just started working abroad and she is a single parent of a 2 year old boy…. she had to leave her son behind so she could give him a good future in the care of the baby’s grandmother and grandfather (which happens to be my brother and sister in law).
Now the grandparents of the baby wants to travel to palawan and Boracay once 2018 rolls in, and they wanted to bring the baby with them… but they were told they cannot bring the baby because they are not the legal parents…
What kind of legal paperwork can my niece get from where she’s at (she is in Dubai if I’m not mistaken)?
And should it be a paperwork that came from the Philippine Embassy? Or just a regular letter made by a lawyer (in Dubai) and signed and sealed?
What kind of paperwork do they usually look for in the Philippines to have the grandparents of the baby as the temporary caretaker (who’s mom is working outside the Philippines)?
Please advise me on what they should do….. thank you and I will wait for your response.
Good morning po atty. meron po akong 3 anak 18, 16 at 6. Hindi po kami kasal ng tatay nila at wala po akong trabaho. Ang tatay po nila ay nasa US at american citizen po at monthly umuuwi dito. Nagdecide po ako tapusin na ang relasyon at itatanong ko po sana kung Sa akin po ba mapunta ang custody ng mga anak ko kahit wala akong trabaho? Paano po ba ang child support at isa po sa kanila college na, senior high school ang pangalawa at ang bunso ay incoming junior high school. Malaki po ang kinikita nya sa US at ginigipit kami sa padala,. Ano po ba maipapayo nyo?
hi Attorney,ako po ay nabuntis Ng African at pinanganak ko sa ibang Bansa ung bata at sa kadahilanang ako ay illegal nakauwi km Ng bata gamit nag travel document nakuhanan ko sia Ng birthcertificate gamit ang apelyedo Ng tatay nia,mga after 1 year sia Iniwan ko sa pangangalaga Ng akong ina at kapatid,nong mga 1 till mag tatlo taon sia ngpapadala ang tatay nia Ng pera pero d nmn monthly. ngaun huminto sia mgpadala cimula nong January this year till now at nanabalitaan ko na punta daw sia nextyear kunin ang anak ko kung d ko daw ipapakita sa kanya mapipilitan daw sia kunin at ilayo sakin,pero d nmn sia pinagbabawalan na tawagan nia ang bata pero ung anak namin kasi ayaw kumausap..makukuha nia basta basta anak ko attorney,nandito po ako hongkong ngaun nagtratrabaho para sa aking..salamat po
nag aantay sa sagot niu Zenaida
Hello atty. Gusto ko lg po ng advice tungkol po doon sa anak nang pinsan ko. Yung pinsan ko kasi at yung nanay nang bata gusto nilang kunin. Nsa pinsan kasi nang nanay yung baby. Ganito po kasi yun nong nanganak sya kinuha nila agad yung baby. Sabi nang pinsan ko kunin nya yung bata. Ayaw nang ibigay sa kanila kasi inadopt nila legal. Eh sabi namin hindi nman sila ngpunta sa DSWD pra legal. Wala nmn silang adoption papers. Posible po ba na sa kanila mapunta ang bata? Kasi sila nmn yung bioligical parents.
Dear Atty,
I am humbly asking your advice for a friend in Philippines. Her sister was given a child by a friend and fellow addict right after birth. The sister would leaves the child with my friend and only takes it to show it off and run around. As soon as there’s no diaper or milk she returns the child to my friend. The baby now just a little over a year looses weight and is put in harm’s way whenever the sister asks to borrow the child. My friend has contacted the biological mother who is now in prison for drugs and the unwed biological father. They agreed that the baby should stay with my friend. With this said, they are all afraid that the sister might contact bantay Bata or something and the child will be taken by dswd and wouldn’t be able to get back for 2years… What is the best action that they should take to ensure the child stays with my friend and remains well cared for and above all loved?
I hope you can give me an advice and help me clear my mind..
I have a husband but left me on the year 2015, we have 2 daughter the eldest is just 3 years old that time and our youngest was 1 year old. Now this year 2017 his family start visiting and see our children at first I allow them to see my daughters but on there 3rd day of visiting my daughters they said that they want to take my daughters to attend a pool party but the location was far away from where I live with my daughters.
When they said those words I was so affraid that what if they do take my daughters and I refuse them,
On the 4th day they visited my children I told them to stop coming because I was affraid that they will said again that they want my daughters to go with them so that’s why I told them to stop.
The grandmother and all his sisters and even the husband of his sister accouse me of hiding my children from them and they were so angry that I was not allowing them to see my daughters.
More than 2 years that my husband left us he never comes back tell now nor giving support to my children.
He left me once when our eldest daughter where only 3 months old but I give him second chance that time but left us again when our youngest daughter where just 1 years old.
He never once try to see our daughters.
He abandoned me and my daughters he took all our savings and left me zero balance that time.
His family said they well file a case against me for hiding my children from them but they just start visiting my children this year 2017 after my husband left us in year 2015.
I didn’t hide my daughters, they know where I was living and yet they just start visiting my daughters just now and accousing me that I was the one who done the wrong thing.
Please give me some advice it really give me a hard time rightnow.
I don’t want to lose any of my children, they said that even I hide my daughters when my eldest daughter rich 7 years old they will going to teke her away from me.
They also said that I don’t have the right to say no to them when they are visiting my daughters.
What am I going to do for not losing any of my daughters or filling a case against me.
Hello Atty,
I would like to know if we have a chance of taking the legal custody of my sister’s daughter who died when the baby is still 10 months old. The daughter is under his name on the birth certificate. The grand mother already took charge of taking care of the baby and was given a chance to bring the baby abroad and study up to now. She is currently 9 years old and her father is threatening us to take legal action to take her daughter back. The daughter is based here abroad living with us together with the grandparents. I am considering as her mom together with my other 3 children. The father is a musician with another illigetimate child from a different mother.
Looking forward to your advice to pursue the case in the future.
Good day. My brother is OFW, He visited here in Philippines last year. His wife decided to have a separation from him. His daughter choose my brother. Can our mother which is her grandmother are allowed to be a legal guardian of my niece? we have a special power of attorney which allowed my mother to be the guardian of my niece. Thank you
Atty.. I need an advice regarding to my previous relationship were not married. She’s unemployed. Now she have a partner and 2 kids from different men. But my son is the oldest from them.I have also a own family now.We are separated for 5 years now.But we have a son who is turning 7 years old this year. Im planning of custody to my child . Do you think I am more legible to get my son because I have a job and well oriented family than her. Thanks for advance