Our child custody legal assistance provides expert legal guidance to parents in navigating the complexities of familial transitions. We assist in establishing clear, legally enforceable arrangements that prioritize the child’s physical, emotional, and psychological well-being while protecting parental rights.
What You Should Know About Child Custody in the Philippines
Child custody encompasses both parental authority (i.e., the right to make major decisions regarding education, health, etc.) and physical custody (i.e., where the child resides). Under the Family Code of the Philippines (E.O. 209), as amended, child custody arrangements vary significantly based on the child’s age and the parents’ marital status:
Legitimate Children
For legitimate children, parents generally exercise joint parental authority. In cases of disagreement, the father’s decision prevails unless there is a court order to the contrary. Upon separation or annulment, the court determines the child custody based on the child’s best interest.
Illegitimate Children
Under Article 176, illegitimate children are under the sole parental authority of the mother, except when the court finds compelling reasons to order otherwise. Generally, the father holds visitation rights and the obligation of support, consistent with the child’s needs and his financial capacity.
Tender Age Doctrine
Per Article 213, no child under seven (7) years of age shall be separated from the mother unless the court finds compelling reasons, such as neglect, abuse, or drug addiction, to order otherwise.
Child’s Preference
Once the child reaches seven (7) years of age or maturity, the court may consider his or her preference of which parent to live with, provided the chosen parent is fit, though it is not necessarily decisive.
Custody arrangements include sole custody, where one parent has exclusive physical and legal rights; joint custody, where both parents share decision-making or physical custody; and third-party custody, which may be granted to a relative if both parents are deemed unfit.
What Duran & Duran-Schulze Law Does
Duran & Duran-Schulze Law provides comprehensive child custody legal assistance by advising on custody rights, visitation schedules, and parental responsibilities, drafting petitions and motions, representing clients in hearings and mediation, and advocating for favorable outcomes under the Family Code.
Our Child Custody Legal Assistance
We handle every stage of the child custody process, from petitions to court representation, to ensure a stable and legally safeguarded future for the child:
Case Assessment and Legal Consultation
We begin with a comprehensive evaluation of the family circumstances and review of relevant documentation and prior court orders to determine the best legal strategies. Through consultations, we map out rights and risks to ensure full preparation for the legal process.
Petition Preparation and Filing
We draft petitions for child custody and clearly detail the child’s needs and the parental fitness. We manage the filing with the appropriate Family Court and ensure all procedural and jurisdictional rules are strictly met.
Negotiation, Mediation, and Court Representation
We advocate for the petitioner’s interests during mediation to reach a compromise agreement that minimizes stress on the child. If mediation fails, we provide rigorous trial representation, using expert evidence to support the case.
Enforcement of Custody Orders Assistance
Once the decree is issued, we help monitor compliance with the visitation schedule and support obligations. If the arrangement is violated, we assist in filing petitions to ensure court-ordered parental rights are respected.
How to Get Started
For inquiries on requirements, processes, and fees, contact Duran & Duran-Schulze Law at (+632) 8478 5826, (+63) 917 194 0482, or info@duranschulze.com, or simply complete the form on this page. Our office is located at 1210 High Street South Corporate Plaza Tower 2, 26th Street, Bonifacio Global City, Taguig, Metro Manila, Philippines.
Need to Consult a Lawyer?
You can book an online or in-person consultation with Atty. Wendy. Choose a 30-minute or 1-hour session, fill out the form with your information and preferred schedule, pay the fee via PayPal, and meet with the attorney at the scheduled time.
Atty. Mary Wendy A. Duran
Founding Senior Partner [Read Profile]
Family Law, Civil Law, Criminal Law, Special Proceedings, and Property law
Child Custody FAQs
For your reference and guidance, here are some frequently asked questions about child custody in the Philippines:
Either parent, legal guardian, or in some cases, a qualified third party (such as grandparents) may file for custody, provided they demonstrate that it serves the child’s best interests under the Family Code.
Yes, but only by proving the mother is unfit due to reasons like abandonment, drug addiction, or maltreatment. Financial superiority alone is not enough to gain custody.
Under Philippine law, children under seven are generally awarded to the mother unless she is clearly unfit. Working abroad or leaving the child with grandparents does not affect custody. Fathers of illegitimate children have visitation rights but not automatic custody.
Yes, even if you do not have physical custody, you generally retain visitation rights. Pursuant to Section 15 of A.M. No. 03-04-04-SC, the court typically provides visitation rights to the non-custodial parent or parents, unless the court finds said parent or parents unfit or disqualified.
Under Article 271 of the Revised Penal Code, a non-custodial parent who induces a minor to leave the custodial parent’s home without permission may face arresto mayor (1 month + 1 day to 6 months) and/or a fine of PHP 40,000 – PHP200,000. More serious acts, such as kidnapping or illegal detention under Article 270, apply if there is intent to deprive the child of liberty, carrying penalties of reclusión temporal (12 years + 1 day to 20 years).
