In the Philippine legal system, child custody and parental authority are governed primarily by the Family Code of the Philippines and the Rule on Custody of Minors and Writ of Habeas Corpus in Relation to Custody of Minors. The paramount consideration in all proceedings is the "Best Interest of the Child"—a standard that overrides the individual preferences of the parents.
1. Types of Custody and Authority
- Parental Authority (Patria Potestas): This involves the right and duty of parents to provide for the child’s upbringing, education, and moral development. Under Philippine law, parents exercise joint parental authority over their common children.
- Sole Custody: One parent is granted physical and legal care of the child. This usually occurs when the parents are separated or when one parent is deemed unfit.
- Joint Custody: Although the Family Code emphasizes joint parental authority, physical custody is often designated to one parent while the other is granted visitation rights.
2. The Rule on Custody Based on the Child's Age
The law establishes specific presumptions based on the age of the child:
- Children under Seven (7) Years Old: Under Article 213 of the Family Code, no child under seven years of age shall be separated from the mother unless the court finds compelling reasons to do otherwise (e.g., the mother is found to be unfit due to insanity, communicable disease, or extreme neglect).
- Children over Seven (7) Years Old: The court will take into account the child’s choice. However, the court is not bound by this choice if the chosen parent is deemed unfit.
3. Legal Status of the Child (Legitimacy)
The legal steps vary significantly based on the child's status:
- Legitimate Children: Parents exercise joint parental authority. In case of disagreement, the father's decision prevails unless there is a judicial order to the contrary. In case of legal separation, the court decides custody based on the best interest of the child.
- Illegitimate Children: Under Article 176 of the Family Code, illegitimate children are under the sole parental authority of the mother, regardless of whether the father has recognized the child. A father must petition the court if he wishes to seek custody, usually by proving the mother is unfit.
4. Procedural Steps to File for Custody
A. Filing the Petition
A verified Petition for Custody must be filed in the Family Court of the province or city where the petitioner resides or where the minor may be found. The petition must state the names and ages of the parties, the relationship of the petitioner to the minor, and the facts justifying the award of custody.
B. Pre-Trial and Social Worker Evaluation
Upon filing, the court usually directs a Court Social Worker to conduct a case study. The social worker visits the homes of both parties to evaluate the living conditions and the emotional environment. A report is then submitted to the court with a recommendation.
C. The Hearing
The court conducts hearings to evaluate the evidence. Factors considered include:
- The moral, physical, and financial capacity of the parents.
- The child’s emotional bond with each parent.
- The previous conduct and character of the parents (e.g., history of drug abuse, violence, or abandonment).
D. Provisional Order of Custody
While the case is pending, the court may issue a Provisional Order to provide for temporary custody and support to ensure the child's stability during the litigation.
5. Grounds for Terminating or Suspending Parental Authority
Parental authority is not absolute. Under Articles 231 and 232 of the Family Code, authority may be suspended or terminated for:
- Harsh or cruel treatment of the child.
- Giving the child corrupting orders, counsel, or example.
- Compelling the child to beg.
- Subjecting the child or allowing the child to be subjected to sexual abuse.
- Persistent neglect or abandonment.
6. Summary of Custody Factors
| Factor | Description |
|---|---|
| Best Interest Doctrine | The ultimate yardstick for every court decision regarding a minor. |
| Tender Age Rule | The presumption that children under 7 should remain with the mother. |
| Visitation Rights | The non-custodial parent is generally entitled to reasonable visitation rights unless it harms the child. |
| Financial Capacity | While not the sole factor, the ability to provide for the child's needs is considered. |
7. Support (Sustento)
The right to custody is inextricably linked to the obligation of Support. Even if a parent is denied custody, they are still legally mandated to provide financial support, which covers indispensable needs such as food, shelter, clothing, medical care, and education in proportion to the resources of the giver and the needs of the recipient.