Child Custody in the Family Code of the Philippines is primarily governed by provisions that seek to uphold the best interests of the child.
In case of separation of the parents, parental authority shall be exercised by the parent designated by the court. The court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit.
If the child is under 7 years old, custody is generally awarded to the mother, unless there is a compelling reason (e.g., neglect, abuse, unfitness) to do otherwise.
If the child is 7 years old or older, the court may consider the child’s preference, provided that the chosen parent is fit.
Joint parental authority is exercised by both parents. In case of disagreement, the father’s decision prevails unless there is a judicial order to the contrary.
Enumerates the rights and duties of those with parental authority, including caring for and educating the child.
Custody After Separation or Annulment
In cases of:
- Legal separation
- Annulment or declaration of nullity of marriage
- Unmarried parents
The court shall decide custody based on the best interest of the child, guided by the following factors:
- Age and health of the child
- Emotional and educational needs
- The child’s preference (if of sufficient age and discernment)
- Parental fitness
- History of abuse, neglect, or violence
- Continuity and stability of care
Parental Authority of Unmarried Parents
Illegitimate Children
- Custody of illegitimate children is with the mother.
- The biological father may be granted custody only if the mother is proven unfit.
In the Case of Briones v. Miguel,1 the couple lived together without getting married and had a son. When they separated, the father kept the child, who was still under seven years old. The mother went to court to get custody. The Supreme Court ruled in her favor, saying that under Philippine law, children under seven should stay with their mother.
- Briones v. Miguel, G.R. No. 156343, October 18, 2004. ↩︎
