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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Good am. I have a situation here. I have a daughter who was born July 18, 2010 when I was 17. My mother, being the protective kind, didn’t want my cousins and aunts to know, hid it from them until she was 3 years old. Back then, she wouldn’t let me learn how to take care of my child. She would be the one to bathe, choose the baby clothes, etc. The baby even calls her mommy and I, she would just mention my name. I tried to teach my daughter that she calls me her mom, but she grew up really confused. As a teen mom, ofc I didnt knew what to do but I was expecting some kind of parental lessons from her. But she would always be in charge of everything, even the name of the baby, the baptismal, etc. She wouldn’t let me have a say. It seems like my only job was to provide breastmilk, which she also took control over. She stopped me from breastfeeding for about 2 months when I really wanted to breastmilk until a year. When my baby was 4 years old, I left home, because my mom is a very toxic person—I couldn’t handle how she treats me, and a lot of other factors. It was only after 2 years when I started to visit my daughter, my sister would let me see her. My daughter and I would really have a good time. 3 months ago, I moved back home. And I realized how badly she would treat my daughter when she becomes angry or irritated. She would do the usual ofc, preparing her breakfast, dropping her off to school. I also try to split the chores cause I really want my daughter to see me as her mother. So sometimes, we would have dates like go on swimming, shopping etc. So far, she also calls me mom now. But sometimes she would still forget. I’m also 3 months pregnant as of this writing. My question is, will I have custody of my child? I really try to bond with her as much as possible but my mom would always get in the way. I try to feed my daughter healthy food, but she would always prepare processed food (ie instant noodles, hotdogs, bacon) cos she grew up like that. Until now, she doesn’t know how to eat on her own, would always eat half a cup of rice every meal—sometimes just chips for dinner because that’s what she grew up to like and because my mom would let her eat whatever she wants. Is there a possibility that I can leave home again and take her with me? My daughter is really into the idea since she will have a sibling. Please help.
hi po atty.
paano naman po yung kaso ng sakin separate na po kami ng asawa ko 9months na po iniwan nya ko dahil mas pinili nya magulang nya namas boy po kasi nagyun di po sya makapag desisyon ng para sa sarili nya every time na magpaplano kami nangingialam yung family nya.Ngayun po mag aabroad ako iiwan ko sa mama ko yung anak ko na 5yrs old dito na po kasi samin lumako yun ,nag stop na po kasi sya ng sustento sa anak ko kaya po napilitan ako mag abroad ang plano po nila sa anak ko kukunin nila para doon itira sa kanila masakit po para sa akin yun ang sabi ko hiramin nalang nila wag lang kukuhanin pero ayaw pumayag ano po ba ang gagawin ko sa akin pa rin po ba ang anak ko?salamat
hi atty i would like to inquire with regards to the grandparents of my children who requested to get my child and stay with them for days even if my Child’s father is influenced in drugs and lives nearby. Will i allow them to get my child? i just recently left my home brougth my 3 children due to physical and verbal abuse of my husband. its been just a week since i left the house and my father inlaw called yesterday to request for my middle child. will i allow this?
My ex dont want me to see our daughter.
I lost my job 4months ago so i was not able to provide now she sued me.
Dear Attorney,
i woul dlike to have your advice on my situation, i am foreigner residing in UAE and i am married to a filipina and she was single mother before i get married to her.
i have applied for my wife visa to be resident here in UAE, but i can not sponsor my step daughter as UAE govt requires documents as below details
“The father or the child or the guardian must state in the letter that he does not have any objection to the son or daughter shifting to the UAE and being sponsored by their stepfather.
If the father of the child is dead and the mother remarried, the grandparents or relatives of the child must give the no-objection letter in accordance with the law in their own country.
All documents must be official, legal and approved from the concerned authorities.”
but in my case in my ste daughter birthcertficate the father name is not stated just only mothers name.
therefore they have requested me to have no objection form the philippines govt.
accordingly please do advice from where i can get this documents.
please need your help urgently.
my step daughter is alone and no one is there to take care of here thats why i want to bring her here in UAE so i can take care of her and her mother is beside her.
please please please help and advice me.
tnx
hello atty,
So my unmarried brother has supported his 1-year-old son since the child was not born, giving her regular food, shelter and whatever needs to his son’s mother(his girlfriend) vitamins and everything. But he and his girlfriend broke up all out of a sudden, his girlfriend took his son away from him knowing she is unemployed/jobless leaving in a below average lifestyle. We live in the Philippines and my brother is a hard working seafarer that earns good and could sustain the best for his son. what can we possibly do for the child’s better future? is my brother has the right to take and support the child for his future?
Good day po attorney.
Hihingi lang po sana ako ng tulong sa inyo anu po ba dapat ko gwin s asawa ko po nagpapabya na po s obligasyon nya s dlawa po nmin anak, nuon po 4 na beses po sya nagpupunta s bahay nmin para makita at magbigay ng suporta sa ank nya ngayon po isa beses nalang po s isang linggo kung magbigay ng suporta , attorney tulungan nyo po ako kung anu po dapt ko gawin wla po ako trbho ngayon, iniisip ko po mga anak ko pangangailangan nila di ko po maibigay.
I need some advise regarding my daughters custody. Naghiwalay po kami ng nanay nya 1 year ago. Kasal po kami. Dahil sa sobrang mahal ng annulment po sa pinas. Kaya hindi pa po maumpisahan ang pag file. Tanong ko lang po sana. dahil ako po ay isang OFW pinagbawalan po akong makausap ang aking anak kahit sa telepono. naglagay pa po ng once a month rule ang kanyang nanay at hindi po nya papakausap sakin kahit once a month kapag hindi daw po ako nakapag padala ng sustento. Inaamin ko po ako ang may kasalanan kung bakit kami naghiwalay. Pero humantong na nga po kami sa hiwalayan at ngayon po gusto ko malaman ang mga paraan para makasama ko ang anak ko at hindi mailipat sa kanya ang paghihirap at bigat ng nararamdaman. 5 taong gulang pa lamang po ang aking anak. Alam ko po ang pananakot na ginagawa ng nanay nya sakin kagaya ng kapag hindi ko pinadalhan ang bata idedemanda nya ako bilang legal nyang asawa. Ano po ba ang magandang advise na maibibigay nyo po sa akin. Salamat po in advance.
my fiancé aunt passed away left with 3 minor childs behind no where to go, there parents no where to be found. please advice what step we need to do get full custody of childs. thanks
Good day,
Atty. Hihingi po sana ako ng advice both mother and father po nasa manila nagtratrabaho, both din po sumusuporta sa bata.. yung bata nasa lola mother side po, kaso ang problema yung bata hindi maalagaan ng maayos kasi po mag isa lang yung matanda PWD din po, hindi na makarinig kaya kahit umiyak magdamag ang bata hindi napapansin pumapayat na po yung anak ko. Yung tinitirhan din po hindi naman sa panglalait e kubo lang po which is as a father I think na mas makakabuti kung dun sila sa amin titira kaso ayaw po nila. May problema ang bata may asthma inuubo at sinisipon ngayon nagwowory po ako kasi malamig po ang kubo . Gusto ko po sana kunin ang bata para maalagaan ng maayos at mabigyan ng maayos na tirahan is it posible po ba na makuha ko ang custody kasi hindi naman mother nya ang nag aalaga ee. Sana po maliwanagan nyo ako sa problema ko.