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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My daughter is more than one year separated from her husband. She and her two children (8 y.o girl and 5 y.o boy)are staying with me, but last month my daughter went abroad for work to give her children a brighter future. Now, I want to ask if how can I secure the children in my custody. What legal matters can you suggest to me?
please help me, my e-mail: jav_leo26@yahoo.com
thank you.
Hi, please give me insight about my situation. I am legally married for 7 years now, but separated (not legally) from my husband for 1 year. My husband found someone and they live together now. I have one child age 7. He is a member of the PNP (PO1) here in the Visayas. We have already an agreement in front of his Chief. Enough na ba ang agreement namin or i still need to go it legally or notarized it to the lawyer? I have a copy of our agreement but the problem is, hindi daw siya bibigay ng suporta sa akin dahil ako ay may trabaho anak lang daw ang susuportahan niya, tama po ba ang sabi ng husband ko? Can i ask a support kahit na ako ay may trabaho? Tsaka ngayon lang po ako nag demand sa kanya ng iniwan nya kami. Last April 3,500 lang ang ibinigay niya dahil marami daw cya utang at may loan pa cya. Ano po ang magagawa ko? Another, just an inquiry “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.”. How about child seven years of age or over? Ano po ang patakaran? If the info is confidential, please email me at imeldauman@yahoo.com Salamat po.
Hi, need some assistance regarding the custody of my child. She’s 7 yrs. of age and will be turning 8 this year. His father and I was not married. I want to know how can i Get my child from him.
The story goes like this….
When I gave birth to my daughter the father was not there and didn’t want the child, so I didn’t put his name on the birth certificate of the child instead it was N/A. and when his parents learned about the child when the child was 8 months old, they start supporting the needs of my child and sometimes they asked me if my daughter can sleep over in there house. Things goes well with my child’s grandparents, and her dad start’s to take his responsibility to the child. and at age of 2, his dad got married and since his wife cannot have a child they treat my daughter as their own, which is so nice of his wife. I have no problem at all with his wife.
His wife told me that her husband’s family have documents of my child and they were able to bring the child with them for vacation outside of the country. Which is i know all about this, but since their family is more well off than my family i didn’t say anything and keep my silence. she even told me her in laws have passport and birth certificate of my child under my child grand parents. But they said it’s only for passport use. so i ignored.
And when my child reached the age of 5, I have to work abroad and leave her with her dad’s and stepmom’s care, but my family was still there to look after the child. for straight 2 years i was working but still have constant communication with my child.
And now that I got married, my husband (diff. nationality) to bring the child here and be in our custody which is we know she will be better with us. (her dad and her stepmom is now having problem with their marriage w/c affecting my child)
How can I get my child, with our current situation? (her dad dint want me to bring my child with me and live with me and with my husband) what are the action I can do to get my child’s custody? Thus verbal agreement can be a problem?
Hi Atty. This problem is killing me. I’m so depressed in my situation and I feel I’m losing my mind if no one could help me. Here’s my concern, Me and my girl friend had a 4 yr old son because of money issues, I am forced to live with my girl friend’s family to be there with my Girl friend and my Son. It was also agreed with her parents that my Girl friend and son will live with them until she passes the CPA board exam. I have stayed there for 4 yrs. Her mom’s a wealthy millionaire business woman. She told me that she will help support my Son while I can contribute to some basic needs since I’m not earning much in my work.
This is what happened last week we had a fight with my girl friend, her mom is getting involve in our decisions and made me left the house. She doesn’t want me to see my son. She also treating me like hell comparing me to his friend’s son who likes his daughter. She’s also threatening me about my Son that I wont be able to see my girl friend and son anymore. She said ” inanakan mo lang ang anak ko” Di mo yan asawa at di ka nya pede pakasalan! My son is using my family name and I’m not married with my girl friend. Do I have the right to at least borrow my son? We are allowed to talk over the phone but disallowed to meet him. I’ve reconciled with my girl friend, we don’t have problems anymore regarding our relationship. What can I do with my in-laws? I want to see my Son, does my mother in-law have the right to decide for my girl friend and my son? Im 31 yrs old and my girl friend is 24. Fortunately she passed CPA yesterday. Please help me I need to know what my mother in-law can do. Please mail me at sjeanjaquet@mobius.ph . Thank you and God Bless.
Hello
My fiance’s family is in a crisis. Almost 2 years ago my fiance’s uncle left his illegitimately born baby girl with my fiance’s mother (his sister) and father. The mother of the baby abandoned the infant with him. The babies father is very poor and could not feed the baby. So he gave the child to his Sister (my fiance’s mother) and her husband, who could raise the baby. They have raised this little girl since before she was one year old, and she is nearly three now. This month the biological mother of this baby filed a claim that they kidnapped the baby and must return it. She also had my fiance’s uncle (the baby’s father arrested on abuse charges) My fiance’s mother lives far from the place the baby came from, and would have to fly there to return it, but cannot afford to go right there right now.
I have read a lot of the law and think maybe the biological mother has lost her claim to the child… I do not know if she has the financial means or emotional stability to raise this child.. but beyond that after nearly two years with no report of a missing child and no financial support… has she not forfeited her rights as the mother?
Do we have a case to fight? The emotional damage to the child would be great, My fiance’s mother is the only mother this child knows.
What would it cost for legal help?
Hello Atty,
I have the same problem like Maria. I have a 3yrs old son who is carrying his father’s name though we are not married. I never receive any financial support either after I gave birth.
I now live in France, married with a French and for me to be able to take him and live with me , I need an authorization from the father, a full custody. My son is under the care of my parents since I left, while me and my husband take care of everything he needs , and so as the papers.
When I talked about this with the father, he doesn’t seem to care and told me without him , my son and I can’t be together here in France. After few days , he asked money in exhange of his signature and cooperation. I saved all the conversation we had but don’t know exactly what to do.
Should I just give what he wants in order to process all the papers or am I protected by law in this kind of blackmailing?
What is the good way to proceed? I am a mother and my son needs me.
Hallo!! good day!!!
I just want to know. Where can I get a copy of a law or court statement or written document, that describes annulment in the Philippines? I have plans of leaving for Netherlands and will bring my minor daughter from previous marriage, but I was obliged by the immigration bureau there to produce a written document describing annulment procedures in the Philippines, so that I wont be needing a consent from the biological father who never supported my daughters ever since. In our annulment case, child custody was not discussed, ergo I had sole custody of them, since the biological father never showed any intention of supporting them all the more get custody. Now, that my minor daughter needed a consent from the biological father so she could be granted visa to the Netherlands, the biological father did not cooperate. So I was told to produce such document to prove that my annuled marriage means that the marriage has not taken place. My marriage was annuled on the ground of psychological incapacity between both parties. Reading your previous blogs left me confused between annulled and null and void. So I need more documents to support my case. I hope you could help me find such documents.
Thank you and more power!!!
Hello atty. and any else here, i am posting at this site since
i really dont know anything in regards to legal issues about child custody.
I seek advice for my predicament.
I am a father of a 3 year old daughter from a mother who was then my
girlfriend. Although we did not marry, we lived for more than 3 years
as a happy couple. I still love her and my daughter but last year
she decided to marry a more financially capable American citizen man. Although I’m just a regular Filipino trying to make ends meet I am doing what i can to provide for my daughter’s needs such as education and the like. My primary concern is how can i contest my custody
to my daughter, I know for sure that I’m in a difficult situation since my ex and I are not married, I can understand if this will not make a case, but the fact that my ex will take my daughter with another man to another country to live there permanently is strictly unacceptable for me.
I appreciate any comments and advices to my post. thank you very much and good speed to all.
hi,i am married to a norwegian and he had a 4 year old son to his ex gf.the girl had a previous job here.she gave birth their son here and the child is norwegian citizen,my husband loose his son for almost a year now,the mother had a holiday in philippines together with their son.before my husband ex gf had a holiday in philippines they had agreement that the girl and the child only stay there for 3 weeks but the girl didnt come back..my husband supporting the child eversince..until now the girl keep asking financial support for theirtnx child..my husband keep sending money even the mom dont want to show up the child..my question now is ,is it possible that my husband get the parental custody since the mom is not able to give the child a good future since she is jobless?and beside the child is norwegian citizen so he is belong in norway and there is a better future for the child here..hope to hear from u soon..