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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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 uncle, the elders are 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’s 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 custody. I’m looking forward to receiving your reply.
atty. I am recently staying at my boyfriend’s house to oversee and take care of the bills. They have a kasambahay who recently passed away. She has two kids staying with her, both are girls ages 8 and 9. She started working as “taga-laba” but on the 21st of December 2012, they decided to let them stay at home with the kids. The parents of my boyfriend left for Canada on the 23rd of December. I moved in temporarily on that same day. My bf is also working overseas, so they ask me to stay at their house for the meantime. The kasambahay works up until 2.30pm because she also works as a sweeper in the barangay. There was no written agreement of her employment. But she receives a regulary salary of 3k per month. After a month,, their kasambahay passed away leaving the 2 kids behind. I tried to talk to their old neighborhood but no one can pin point where the kids’ father is or any relative for that matter. The parents of my boyfriend paid for everything. But since I work at night I decided to talk to the neighborhood association that my kasambahay belongs to if I can let the kids stay with them, knowing that the person who will take care of them is the bestfriend of the kasambahay who is very much willing to take care of them. Right now, I am asking for the assistance of the SSDD. However, one of the adviser in that office ask me if there was a written agreement which allows the kids to stay in their custody. I have no idea of the boundaries of support that I can offer them since I am the only one who stays in my bf’s place. I do not want to be accused of anything, that is why, I would like to get your opinion. Aside from that, I have learned that there is a quezon city ordinance that requires the kasambahay to be registered and be given philhealth and sss. As much as I know the kasambahay has a philhealth and sss which I think was given by the barangay. In effect there are two thing I am very concerned about, the kids custody and the benefits that should be provided to the kasambahay. I would appreciate your immediate response for I do not know what to do. Kindly email me at rshine27@yahoo.com
gudday po! ask ko lang po ksi gusto ko na po makipaghiwalay sa kinakasama ko di po kmi kasal at may 1 po kming anak 2 taon wala po kasi sya syang trabho at madals pa po nya masaktan ung anak nmin andto po ako sa ibang bansa uuwi po ako ng march payag daw po sya makipag hiwalay pero sa knya ung anak ko! di naman po ako ppayag ng gnun sa parents ko po sya nakatira ngaun pagnagaaway po kami lagi nya sinsbi na ilalayo nya ung anak ko ano po ang dapat ko gawin desidido na po kasi ako makipaghiwalay sa knya!!tnx po
hello atty. hi atty, please give me insight about my situation. I have a son, me and her mother is not married,
today my son is at isabela luzon, and her mother is at manila muntinlupa and i at cebu.
what happen is that her mother worked at SM hypermart then leaving our child at her parents custody.
and I as a father i always support them with my salary every 15th and 30th of the month, what happen is
that her mother go to manila so that she can provide her parent and our son then as a father i begg her to give our
son so that i can provide him since her mother is away at our son but she don’t want to give our son
also his father oppose not to give our son cause they think his grandson will be brainwash by us,
then her mothers lastname is changed by her middle name so her mothers lastname is her mothers lastname.
is there a way that my child will be in my custody since her mother is away. please help.thank you.
plsenados@gmail.com
Atty,
Greetings,
I’m married for 4 yrs, Got married last 2009, one week after, I gave birth to my daughter, after 5 months,I found out that one month before we got married is He’s having an affair with his co-worker,before I knew it the girl was visiting my daughter in my house giving things, after few days, I tried to check my husband’s phone and I’ve read that they’re fighting and he confessed and asked for forgiveness that they are having an affair. we even went to Makati, which his Grand Mother’s house is located , which he stays because its near his office, and to find out that the Girl is already staying and renting a room. the 3 of us talked about the situation, and my husband promised me that he’ll put up an end on what they have, he decided to stop working then I decided to work, we had a small fight that ends up with bruises in my face and body, then he left with my daughter, for 6 months that I haven’t seen my daughter because he wont let me, we talked about our problems, and I asked for his forgiveness even It’s not my fault, then his friend told me that my husband and his mistress still have a relationship, the girl is texting me to surrender my husband to her because he doesnt love me at all. so I talked to my husband and then he asked for forgiveness again, after that, he accused me that i’m having an affair with my co worker, which is not true, there is someone who liked me but i refused, my boss liked the guy and when the guy confessed to her that he liked me my boss talked to my husband and tell everything that isn’t true, 2 yrs of not seeing my daughter because of his father’s condition that if i force to see my daughter he will not let my parents visit their grand daughter. so even its hard for me I accepted. I found out last year his mistress gave birth, and they stay in one roof with my daughter, my parents regularly visits my daughter and coming out in my daughters mouth they found out about my husband’s mistress, not only that they even brainwash my daughter’s mind that if she sees me she must run away because i will hurt her, good thing about this my parents is building me up. and my daughter still knows me, last year, I met this guy which is my partner in our business he told me that he likes me and i have the same feeling. we have this relationship for a year, can I still have the custody of my daughter, would it be charged for abandonment even my husbands condition, and before he told me that he will file a case which is adultery, even when he is the first to have a mistress. and now they have a child, can i file a case for concubinage? can i also file a case of violence against women. because he’s hurting me physically. I really want to have the custody of my child legally but my husbands has the capabilities to hire someone then kill me, or even himself, and also he was deported back here in the Philippines because he was in prison for 3 yrs because of the case illegal possession of drugs and firearms. can this situation helped me for having my daughter back?. please I need an answer.
Thank you for reading.
More Power!
Hi,
I have an 8 eight year old daughter and I’m having problem with his father. We’re not married and been supporting my daughter needs when we separated in 2009. He wants to get my daughter’s custody but he doesn’t have a job. Her mom will be supporting my daughter. My problem is, I don’t want to give them my daughter since because he don’t have a job and he never supported her daughter financially. Can I have the full custody of my daughter?
Thank you very much…
Hi, good evening!
I am a mother of three kids. I must admit that my kids came from different fathers. But I don’t have any problem with the father of my youngest. As well as with his family. They love us so much. And they even accepted me for having three kids. I have been striving hard to raise my kids with support coming from the family of my youngest. When I am at work, i leave my kids on my sister’s care but of course I have to pay her Php 3,000 monthly.
I recently resigned from my work in one of the Top Companies in the Philippines because I was offered a job overseas. I know that I could give a brighter future for my kids if I grabbed that opportunity.
The time came that we had a fight inside the house involving my sister and mom. I left our house and took my kids with me. But a few days later, they were already chasing us, to get the custody of my kids. The consulted SAN PEDRO DSWD, that eventually decided to give my siblings and mother the custody of my kids which I think should not be like that because they have not yet consulted me yet. They even abducted my kids on the day that I reported for work. Meaning, I was not there and they were with my In-Laws care. They did not even filed any report on the Barangay that should handle it since it happened in that Barangay’s jurisdiction. My sister even threatened me that if I will fight for my Rights, she will be forced to use her own lawyer and seek help from Vice President Binay which I find very absurd since I am the mother of the kids and I was the only one who struggled hard to raise my kids. They are not even giving me the right to be with my kids for a couple of days in a week. They will just let me be with my kids for a few hours and would harshly ask to return my kids at once. I am suffering so much because of what they did to us. I miss my kids so much. Please give me a legal advice so I could be with my kids without any barriers. They are also not capable in supporting my kids because they are just dependent with my father who happens to be an OFW. They have a three-wheeled motorcycle that is the only source of their income. But legally, the motorcycle is under my name, though they are the one paying for it. They would not be able to get that source if not because of me. I wanna fight for my kids because I am certain that I am the only one who can support my kids unconditionally. Please give me some advice. I have a proof that I was paying my sister to take care of my kid whenever I am at work. So I dont think that she really cares for my kids like what she was claiming. I wanna fight for my kids before I leave the country.
I just want to ask … I am a teacher and I was accused of Child abuse (although what I did was just tap with 2 fingers the mouth of a 12 year old because of his non-stop talking. the problem they accused me of letting him eat chalk !!! so not true !! I even have a witness that I didn’t do that !!! They added the story to make me terrible !! ) . Anyway , the case is ongoing. My real scenario is … My marriage is on the rocks .. what if my husband ran away with my child ( 2 years old ) … Will I be able to get the custody even though I have ongoing case on child abuse? please help me I’m really bothered that the case may effect my custody … …help!!!!
btw my email add is chloesarte27@yahoo.com for help
Hi Atty,
Please help me
I have a bf whose got a 3 yrs.old son from his ex partner, they have been separated for 5 months and now my bf is gone back to Philippines to sort out the matters but his ex partner took their son to her province so that he won’t be able to see him. My bf wanted to see his son and thinking to get a custody from their son as his ex partner is unemployed and unable to give all the needs of their son without her parents support. My bf went to Saudi to earn for their living but ended up with nothing. Apparently we have an emails from his ex that whenever she goes to attend a drinking session with her friends she always takes the child with her as no one can look after him. There was also several emails coomunication from his x partner committing suicide while the son is on her care. There was a case that my bf lost his second son from the same girl because of her deliberate carelessness, base from all the people who witness it she deliberately punch her tummy and drank some alcohol and strong medication even asking small children to jump on to her tummy just to get rid of the child in her womb. My bf’s siblings tried to barrowed the child from his ex and promise them that she will let them see the child but no action has been taken from her side. My bf supports them financially since he left the contry until last January just to teach her lesson but before then there was no communication and effort from her bringing the chld to my bf’s family. He wanted to see his child but he doesn’t know where to start and to find them as his ex partner is no longer getting in touch with them unless she wanted some money from my bf. Also, my bf doesn’t want to go to their province because he’s been treatened by the brother and the rest of her family that whenever they see’s my bf they will kill him for breaking up with his sister and cutting the financila support.