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 day atty.,
I have 2 kids 8 and 10yo. and I am separated with my wife my 2 kids was in their mother. the question is can I win the case if I will file a case for the custodianship of my 2 kids? scenario is I’ve enrolled my two kids in a reputable school in our place and I am giving my monthly support to my wife for my kids. I want to have the custody because my wife is not sending my kids in the school anymore and when my kids are here with me i saw that their mother was not taking well care of them. she doesn’t help the kids to do their homework, their nails are long and so on and my wife are planning to transfer the kids in public school. Can I win the custodianship?
hi, i need advice. i have a 6 year old daughter and she is turning 7 on april. she is now living with my ex boyfriend, her dad. I want to get her because we have dispute of my ex about the child. i cant see my daughter now and its hard for me to see my daughter because her dad making excuses every time i ask him to get my daughter.I’m just a college student and dont have job yet. my daughter is studying, i cant support her financially for now. my fiance has filed for fiance visa in USA. I want to get my child. what do you think i can do? how much is the lawyer? i am very eager to get my daughter, pls email me. thank u so much
hi, i need advice. i have a 6 year old daughter and she is turning 7 on april. she is now living with my ex boyfriend, her dad. I want to get her because we have dispute of my ex about the child. i cant see my daughter now and its hard for me to see my daughter because her dad making excuses every time i ask him to get my daughter.I’m just a college student and dont have job yet. my daughter is studying, i cant support her financially for now. my fiance has filed for fiance visa in USA. I want to get my child. what do you think i can do? how much is the lawyer? i am very eager to get my daughter, pls email me. thank u so much bheagonzales10@yahoo.com
Hi Atty,
I have a son who just turned a year old last month. The boy has been with me since he was 7months because his mom has no time to take care of him and was still much into night outs with her friends and often leaves the the baby to her mom and dad who both has hypertension. She has been jobless for 3 months and just relies on me for child support in which I know is my duty and responsibility as the father of the child. My question is, is there any chance I can get full custody of the boy knowing that his mom is incapable of providing him proper love and care both financially and emotionally. I am really in need of your help. I really love my son and it hurts me to leave him on their side. Thank you.
Hi,
Can any help me?
Im confused right now.
Im 3 years married now but we decided to end our relationship (but not legally). I fell in love with someone and im sure he’s in the same page too.
Im afraid that just in case, he’ll use that reason for getting my child’s custody.
Question is:
Is it possible for him to get my child’s custody if he discovered or by any chance appeal in the court?
What can i do with it?
i am 44 years old and resides in iloilo. i had a three year old female sibling out of wedlock… i had custody of the child since a week of age up to the age of three (3)… in the entire three years my family had full support of the child’s need while the mother left for abroad to work… upon her arrival she borrowed the child and without any permission brought the child to manila. when she came back, i had her summoned to the DSWD and we ended up on agreement that i would have a visitation right where i can bring the child to my house during saturdays and sundays… lately she had denied me of my paternal/visitation rights. she is now unemployed…. can i legally claim for child custody. pls shed light on some legal options… I love the child and i don’t approve to the way she cares for her as they do not have a good household condition, and that the child has been with me since birth.
my email address is dudefrancisjeff@yahoo.com
good am.these question is in my mind is bothering me…i am in relationship with girlfriend which happened to be a single mom and she’s not married to her ex…she’s has a 3 years old son….her ex keeps on texting annoying words everyday…different words which i thought causing my GF to much stress and pressure…her ex is threatening her to get there son. . .what should i do…her ex has no permanent job…i need advice?
Hello Atty:
I am married with my husband but my husband’s work is in the middle east i have a boyfriend now and have a daughter with my boyfriend, what can i do he want the custody of my child which is one year old I have a job too, he only gives items he did not give money for me eversince im pregnant with his daughter ..
he wants the custody which is for me i will not allow it because he only visiting philippines once a month and he abandoned me when i am pregnant please help me for my problem he said that he will file adultery because were married….
Hello Atty,
I’m Jeffrey, an OFW, and i have a 7 year old son. My problem is that, can we, my parents, have the full custody of my son, since his mother was not with him. My son was in my parents custody since I have to work abroad. Me and his mother was not married, and i have no idea where she was for almost 3 years now.
I am worried that she will just take him away after all this years that she is gone…
please advice…
thanks
Hi Attorney I would just like to ask about my rights as a father of my 14 month old baby. I know that there is a rule regarding the full custody of the child to the mother until she can decide once she is 7 years old. Our agreement is to provide the custody of the baby to me, until she can recover since her two elders are already studying. Her situation is that she is living with her parents together with her 3 children near the house of her drug addict, the elders from two different guys. We work on the same company. My salary is always higher than her. I provide all the needs of my baby and she does not want to let me borrow my daughter. She also brags that she used to raising her children without a father so it’s like she’s pushing me away from my kid. Bottom line is what rights do i have for my kid? and is it possible to get her customer. I’m lookng forward to receiving your reply.