Is infidelity sufficient to deprive a mother of custody over her child? The law categorically provides that no child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise (Article 213, Family Code). In other words, the law presumes that the mother is the best custodian,which finds its reason in the basic need of a child for his mother’s loving care. Moreover, insofar as illegitimate children are concerned, they are under the parental authority of their mother (Article 176, Family Code).
What are the “compelling reasons” that are deemed sufficient to deprive a mother of custody over her child below seven years of age?
These instances of unsuitability include neglect, abandonment, unemployment and immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity, and affliction with a communicable illness.
How about infidelity of the mother? Infidelity, by itself, is not sufficient to deprive a mother of her child under seven years of age. In the words of the Supreme Court in a 2005 case:
xxx sexual preference or moral laxity alone does not prove parental neglect or incompetence. Not even the fact that a mother is a prostitute or has been unfaithful to her husband would render her unfit to have custody of her minor child. To deprive the wife of custody, the husband must clearly establish that her moral lapses have had an adverse effect on the welfare of the child or have distracted the offending spouse from exercising proper parental care.
What if the child is older than seven years? If older than seven years of age, a child is allowed to state his preference, but 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.
[See also Child Custody of the Father and Mother, Visitation Rights in the Philippines]
- Twin-Notice Rule and Procedural Requirements in Employment Termination Proceedings - June 3, 2020
- When Travel Pass is Needed for Interzonal Travel during Community Quarantine - June 1, 2020
- Can Companies Compel Employees to Work during the General Community Quarantine (GCQ) and Impose Disciplinary Sanctions - May 29, 2020
Please just an advice! Me and the mother of my child are seperated! My ex has a large family and they have a below average income.i am afraid that the child support that I am giving is not fully going to my daughter! Can I file for custody? My ex is unemployed and no infidelity has occurred! Hope I recieve an answer any advice or answer to my question is appreciated
i am a mother with a 4 year old child… if i will take my daughter ,, can his father file a case against me immediately? we are not married too …
me and my huband totally finished our communication after being here for 1 year in UAE and now started to go out with friends and he assumed that i had someone else as i am with my group of guy frineds that’s why he doesn’t want to sign for the processing of my daughters papers to visit here in UAE this December as he again assumed that i would run away with her and hid her from him. I asked him if i could borrow her here for few days and giving the full custody of her soon once we have enough resources but i demanded 30 days per year that i can have my daughter anywhere or even see her without his presence. Any case that i could file to have the rights to demand some days per year with my daugher for him to give me to allow me to visit my daughter here in UAE. Please help hope to hear from you soon
Hi Im hannah step mother to be of a 4 yr old child, Iam the one who do everything her mother should do. Her mother only takes her on weekends but not regularly sometimes after a month, and now because of jealosy she wanted to take away the child from us.. we are also the financial provider of the child. What case can we file against her or to take the custody of the child?
I was married and left my husband with my children how do i get my 8yr old daughter from him
Im the only breadwinner
Can i get my child custody even i in other country i lift them with there father sense 2010,and i heard the he lock them in if his in work?were not leaving for 5 years now and i don’t have plan to be with him again.is that enough reason to get my child custody ?thank you
Hi! i left my husband because he’s a paranoid and has an intellectual and psychological immaturity. He even went to my office to tell my office-mates that the reason i left him because i have an illicit relationship with one of my office-mates. We have a child and she’s 3 years old. Now, he decided to give support but in return i will let him “borrow” our child anytime he wants. Is his reason valid?
hi im xander, i do have a son to a minor age 15 and we have an agreement signed that im gonna take care of the baby until the baby becomes 6 years of ages, but then they change their mind after the baby give birth and they want me to sustain 15k a month, can they demand another agreement even if they failed to comply our first agreement? and do i still have the right to see my son?
I am a mother of two girls, and I am in the stage of leaving my husband for good. I Already have a problem with my husband since on our first child. Attitude problem and third party. I have no proof whatsoever except for wrong send messages, witnesses’ statements and attitude change towards our relationship.
Because of lock of financial budget to file an annulment, i wasn’t able to pursue this course. what option can you give me in order to make our separation at least legal? or at least both parties knew that we are separated? thank you.
My brother is married. His wife is having an affair with the married man who got her pregnant of her first child before they get married (the child was acknowledge by my brother as his own). Then, they had their own child who is just 3 years old. Both children, 5 and 3 years old are left with my brother. The mother chose to continue her affair with the married man. She is unemployed. But she said someone will support her. She is flirting with diffrent men thru text. She left hers sons to my brother to have the freedom she wants. Now, the mother would like to take the children from my brother’s care. What is my brother’s chance to get the custody of their 3 old son. I really doubt if she can take good care of her children. She is so inconsistent and impatient. whenever she is mad, she has the tendency to hurt the children, she also has vices of drinking and smoking, she also change her mind so abruptly. I am worried with the children’s welfare. When she is living with my brother, she just leave all the responsibility of taking care of the children with my brother. Can my brother file for child custody and how much do we need to spend?
Thank you so much!