CUSTODY OVER LEGITIMATE CHILDREN According to Legal Match, an unmarried mother retains the primary natural right to custody of any child born out of wedlock 1 3.This means that the courts automatically consider the mother's rights to be superior to the father's, unless the mother is proven unfit or abandons the child. “No child under seven years of age shall be separated from the mother unless the court finds compelling reasons to do otherwise.” (Emphasis supplied) Moreover, Article 363 of the New Civil Code of the Philippines provides: “In all questions on the care, custody, education and property of children the latter’s welfare shall be paramount. In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons. Law, About Are There States That Favor Mothers in Custody? Additionally, they will help you build your case for child custody, prepare for any hearings, as well as represent you in court as needed. Dear Anonymous, Custody rules that apply to unmarried parents often vary based on jurisdiction. However, any court-ordered child custody decisions may be changed or modified if there has been a significant change in circumstances since the finalization of the order. in 2017 from the University of Houston Law Center and his B.A. This website uses cookies to ensure you get the best experience on our website. How are a Mother’s Rights Determined for a Child Born to Married Parents? The right of custody accorded to parents springs from the exercise of parental authority. In this situation, you may be trapped between your love and loyalty to your parents and your desire to give the father of your son the chance to be a parent to your child. Can't find your category? In the said proceedings, your parents will have to explain to the court the reasons why they are withholding custody of your son from the latter’s father and they must be able to establish that they have the preferred right relative to the custody of your child. It is important to understand the difference between physical and legal custody. By law, custody of the child is automatically granted to the unwed mother. If the child was indeed born out of wedlock, establishing parental rights can make the process of establishing child custody much more complicated. However, if there is evidence of family violence caused by the father, then a mother may seek to prevent the father from seeing the child through a child protection order. if there has been a significant change in circumstances since the finalization of the order. In custody disputes, what is the paramount criterion? Some basic matters pertaining to child custody under Philippine laws are discussed below. Legal custody involves your right to make important decisions for your child, such as those involving education, healthcare, religion, etc. The land was declared... Dear PAO, Questions for Chief Acosta may be sent to, Get the latest news from your inbox for free. 113054, March 16, 1995), parental authority or patria potestas in Roman Law is the juridical institution whereby parents rightfully assume control and protection of their unemancipated children to the extent required by the latter's needs. THE Philippine Olympic Committee (POC) is set to see some changes as its new officials are elected today. Children are those conceived and born outside a valid marriage. (This may not be the same place you live). By its very nature, the Writ of Habeas Corpus extends to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto (Section 1 Rule 102, Rules of Court). Can a Mother Prevent a Father From Seeing His Child? The neglect of children is hard to prove alone. If a child is born out of wedlock, the child is considered as illegitimate under the parental authority of the mother. Online Law Can Court Custody Orders Be Changed or Modified? In your case, it is being fought between the biological father and the maternal grandparents while you (the biological mother) are a thousand miles away from your son, working to give him a better life. often vary based on jurisdiction. Art. Although in the past the courts favored the mother when awarding custody rights, this is not true in recent times due to the fact that gender roles are changing and more women are working outside of the home. The legal term child custody involves guardianship of a minor, and refers to both the legal and practical relationship between a parent, or legal guardian, and a child. a legal parent-child relationship; thus, any decisions regarding child custody for an adopted child are made in the exact same way as they would if the child were the divorcing couple’s biological child. By continuing to use this website without disabling cookies in your web browser, you are agreeing to our use of cookies. Further, any documents or evidence that tends to show that the other parent is unfit, or that granting the other parent custody is not in the child’s best interest should also be prepared. It must be noted that your son is an illegitimate child and under Article 176 of the Family Code, illegitimate children shall be under the parental authority of their mothers but shall be entitled to support under the law. All rights reserved. The well-being of the child is of paramount importance. involves your right to make important decisions for your child, such as those involving education, healthcare, religion, etc. Law, Intellectual The mother would need to prove to the court that the father is somehow unfit as a parent, or that his involvement is not in the child’s best interest. She cannot therefore be deprived of the child’s custody unless she is not fit to exercise such authority and care. From the foregoing provisions, it is clear that parental authority may be exercised by the father of your son in case of your absence. Some of these include: If the child was adopted by the divorcing couple, the process is the same. What does the Family Code of the Philippines tell you about parental authority and guardianship? However, a mother may risk losing custody if found guilty of subjecting children to any type of abuse. What are the specific laws that cover child custody for single moms in the Philippines? I entered into a contract to sell with A Realty involving a certain house and lot in Rizal Province. The compelling reasons for a mother to lose child custody: 1. insanity 2. neglect 3. abandonment 4. immorality and unemployment 5. habitual drunkenness 6. drug addiction Guided by the principles as laid down by law, it is our opinion that as  between your parents and the father of your son, the latter, following the provisions of the Family Code on parental authority, has the preferred right to custody over your common child. Although one parent may have primary physical custody, both parents typically share joint legal custody. Most custody laws are gender neutral, and the laws do not necessarily favor the mother over the father. If the child was adopted by the divorcing couple, the process is the same. Therefore, it is important to prepare for your child custody case by actively participating in your case and gathering all documents or evidence that may demonstrate why granting you custody is in the child’s best interest.