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 Atty.
i have a 3yr old son to my ex live-in partner and she is not allowing me to visit my son.is there any legal way to get my son custody or to exercise my right as a father?
Dear Sir,
I would like to ask your advise regarding my helper’s problem.
Ann, at 16 yrs of age was forced by her mother to marry a guy,21 yrs of age. They stayed together for one year and was pregnant when they separated . Only the mother -in- law knew about it. Her mother asked where her child was because she intends to give the child to an aunt. Ann told her mother that she had a miscarriege. She actually gave birth to a girl and asked that the child be taken cared of by the aunt of her husband. She went back to her husband and she again became pregnant, separated again and stayed with her mother who collected money from her husband for check up and for her delivery. Ann gave birth to a baby boy and again left her son to her husband because she went to work as a helper in another town. She sent money to help support the second child. Her mother took the child from the father and began collecting money from both Ann and the father. Ann’s mom would demand for financial support both from Ann and father and would
present prescriptions for medicines , would tell them the child was hospitalized when in reality was not, would ask for money for baptism of the child when the child was already baptized and many more demands for money using the child as the reason for such necessity.
Ann’s history:
She was given to the manghihilot as payment for
services rendered when she and her twin were
delivered. An aunt learned about the incident,
looked for Ann and took her when she was two months old.
She was raised and sent to school by her aunt. At age
ll, her aunt died . Another Aunt took care of her in
Cebu.At age 14, her aunt again died of cancer and she
stayed with her cousins. She ran away because she was
physically and verbally abused. Shelooked for her
mother at age 16, but was forced to marry a guy she
barely knew. She says nothing against her father except
that he is a drunkard and claims that her father did
not /does not know about her mother’s activities. Her
mother is often out of work because she is “palautang”
and gambles. Her mother sometimes does not go home for
a day to attend to her gambling activities. She leaves
Ann’s child under the care of the other children.
While Ann is with us, she would demand for money two
to three times a month leaving Ann penniless and
threatened to get Ann back if she could not collect.
Ann desperately wants to get her child back to the
father who has the capacity to raise the child
properly. She does not like to go home because she wants
to earn a living so she can also help support her
little boy.
What are Ann’s rights, atty.
1. She is only l9.
2. Her mother is combative
and scandalous.
3. Ann’s husband and mother-
in- law do not like trouble
but are very much willing
to raise the little boy.
4. Ann gave her husband
custody but her mother
took the child away.
Please help Ann.
The child is with his father and wants the costody of the child of 2 yrs old. Does the child remian to his father until the court rener judgement or will the mother have the right for temporary costody untill such judgement be rendered?
Is there such thing as giving up parental consent or custody? How to go about it? Thank you in advance.
hi atty.,
my brother had a baby with her girlfriend, the baby carries his surname even though they are not married. our family is taking care of the baby ever since he was born.we did not get any financial support from the side of the mother. now, the mother of the baby left their child in our care because she cannot stand the rules in our house.she said that the is leaving for the sake of her child. she had her first child with another guy and her son is in the custody of her grandparents. i think she is an irresponsible mother because she left the baby in my brothers care about three weeks ago and up to now she hadn’t even visited him. considering the fact that she always see my brother at school, she dont even have the effort to ask how is her baby. by the way their baby is just 3 months old. our problem is, do we have the right not to give the baby to her when the time comes that she will get him from us? what could be our grounds for the matter because we want full custody of the child. thanks and God bless.
i hav a 3years old daughter. her mom left her with grandparents coz she left d house almost 15months. she is not supporting her. its been 15months, that she is not taking care of my daughter, neither supporting financially nor giving her time. she visit once a month or once in 2months.
WE ARE UNMARRIED.
my daughter has my name as a family name on her birth certificate.
so, i want to know, if i can take my daughter along with me to dubai or pakistan. coz i cant visit twice an year. i left my daughter to her mom, coz i know a child needs MOTHER, but since Mother is not supporting her, I HAVE NO CHOICE, BUT TO TAKE HER WITH ME.
I know mothers always has advantages towards a children. So, Please guide me the best legal way with complete rights as being a father to a daughter.
THANK YOU.
good am,. i have a question, i have a 1 year old son and I am currently studying, I’m a 4yr college student now, I am also working to support my financial needs, we are separated by my son’s father, but I left him with my son so he will be the one who will take care for me, the problem is he wants to have the custody of our son, but we have this agreement before that after I graduated I will get back my son. what should I do?they wanted me to stop in school so that I can take of our son, and work as well,. thank you so much for the reply!!
hi,
i am married for 5 yrs now and wanted to have my marriage to be annulled. I am aware when this happens, the custody of our children will be mine. Just want to know if there is something that i can do so that my husband WILL NOT HAVE ANY RIGHTS on my children. rights such as VISITING RIGHTS etc?
hoping for your quick response.
Thank you!
Hi again…
Another thing, can i change my children’s last name to my maiden name? i am pregnant right now. can i use my maiden name to my child once he is born?
hello dear attys,
i have three kids po already..
i had my 2 sons on my first husband but we’re not married due to some circumstances and that because me asawa na po at mga anak ung taong un, but they are not married..
my first son sa guy n un ay nakaapelyido po sa akin but acknowledged by his father.. my eldest son was born, dec 24, 2003..
second son to him po ay unknown ang nakalagay n father pero sya rin po ama. he’s 5 now at birthday nya po ay july 2, 2006..
then i met my second partner.. i had my only girl with him..
she was born april 28, 2009..
we weren’t married..
but s birth certificate ng anak kong girl ay nakaapelyido sa akin at naka-acknowledged naman ung guy..
meron na po silang sariling buhay..
my question is, may habol ba ako s sustento para sa mga anak ko kase po from the time n iwanan nila ako ay wala sila ni singko naiibigay at ni minsan ay di sila dumalaw..
si mama po ang bumubuhay sa aming mag-iina..
wala naman po ako magawang maitulong kay mama kase wala ako napag-aralang pormal..
can you help me po??
kung wala n po akong habol, pede pa po ba ipatanggal ko ang name ng father sa birth certificate nila at palitan ang name ng kids ko?
just incase maghabol sila at the end e wala na sila habol..
tutal e baka wala na akong habol..
thanks po.. hope you could help me po.