Custody is an aspect of parental authority. The person who exercises parental authority over the child has custody over the said child. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. There are different rules for the custody of legitimate and illegitimate children.
Continue reading[Prior to the enactment of Republic Act No. 9255, an illegitimate child, or a child born outside of a valid wedlock, may ONLY use the surname of the mother and, regardless of any circumstances, is prohibited from using the father’s surname. Before the amendment, Article 176 of the Family Code provides that: “Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code.” As the law now stands, there is an OPTION to use the surname of the mother or, if the required documents are submitted, the surname of the father. The details are found in the Philippine Statistics Authority’s Administrative Order No. 1; full text below.]
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