Legal separation between parents, and the matters affected by it, are one of the most intense and complicated parts of any family litigation. In the case of child custody, the courts take a look into several factors to deem who is the more worthy parent to exercise parental authority: the mother or the father. Here are some of the things you should know about child custody in the Philippines.
The well-being of the child is of paramount importance.
According to Article 213 of the Family Code, the paramount criterion when it comes to child custody is the welfare of the child. This means the court will take into careful consideration the capabilities of both mother and father to raise the child, including their moral, social, and economic situation.
It should also be noted that other procedural rules can be overridden by the best interests of the child, especially if the child is at an age where he or she can make intelligent decisions.
As stated in Article 213 of the Family Code, “Every child has rights which are not and should not be dependent solely on the wishes, much less the whims and caprices, of his parents. His welfare should not be subject to the parents’ say-so or mutual agreement alone.”
The mother has parental authority over children under 7 years of age.
According to the same article in the Family Code, “no child under seven years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise.” This is due to the fact that a mother’s loving care is regarded as one of the basic needs of a child.
The same rule extends to illegitimate children.
As stipulated in the article, however, the mother will lose parental authority and custody over the child if “compelling reasons” were found by the court. This includes instances of neglect and abandonment, drug abuse, unemployment, failure of exercising parental duties, as well as leaving the child to the care of others permanently or otherwise, and regardless of intention. Prostitution and unfaithfulness to the husband may not be used as grounds to separate a child from the mother. The mother’s sexual orientation cannot also be used to separate her from her child, unless there is evidence that this is not conducive to her child’s overall development.
If a child under 7 years of age expresses his or her desire to stay with the mother or the father, the court is not bound by that preference especially if the chosen parent is deemed unfit by the court.
Parental authority is inalienable
Unless it is expressly authorized by the law, parents cannot simply give up and/or transfer their parental authority and responsibilities. The only exceptions to this is in cases the child being surrendered to a home or an orphanage, as well as guardianship and adoption.
When a parent entrusts his minor child’s custody and care to a relative or a friend, this only entails temporary custody.
Learn more about child custody in the Philippines
For more information, get in touch with Duran & Duran-Schulze Law at info@duranschulze.com or (+632) 478 5826.
40 Responses
The child is 5 years old and both parents neglecting the custody and responsibility of the child. What action may apply ?what happen to the child and the parents?
failure of exercising parental duties, as well as leaving the child to the care of others permanently or otherwise, and regardless of intention. I JUST WANNA ASK IF I AM FAR AWAY DISTANCE FROM MY CHILD MY PARENTS DOES MY DUTY TO MY CHILDREN SINCE I AM WORKING DISTANCE TO THEM AND THE FATHER IS STILL SUPPORTING THEIR NEEDS AS WELL AS ME..DO I STILL HAVE THE CUSTODY OF MY CHILDREN? THEY ARE UNDER 7 YEARS OLD
I am writing to ask what my rights to custody of my son. I and from the UK and my son is dual citizen of both the UK and the Philippines. He is 7 years old and he has just started kinder 2A class, this only happen because I went to the city hall with my son and they have an open case with him of which there hasn’t been enough action from them. The mother has 7 children in total and they all live under the roof of one small house. My son stays with me every weekend because I am told he goes to school 5 days a week. I pay 4k support a month and have paid towards his school via the mother.
My son expresses his desire to live with me in England and if allowed I believe he can get the help he needs to catch up on his development. He also tells me no one helps him with his school work so the homework is done with me every weekend. This is put to me by the mother.
My son tells me everything but someone else needs to listen to him because I have no power, I am just told this is how it is and nothing is wrong but when my son doesn’t know simple every day things it’s worrying. Many years ago I tried to get help from ps law in Manila and they took my money and did nothing. When I went to Quezon city hall the legal people there told me I cannot get custody of my son but now 7 what can I do? Thanks for any help
If a child is a 11 years old, and the mother have their family with one child, and her father is single, have work but is not regular, in a Lalamove, and the father is the one who take care the needs of the child, her school needs, her basic needs, where is the boy can hold or who is the right to take him, the father or the mother?
Hi,
I’d just like to ask.
What if the child is illegitimate and the mother found another man. Is the biological father has chances to have the custody against the mother? Or can it be one of the reasons to remove custody from the mother?