(A Philippine-law context legal article for overseas Filipinos and mixed-nationality households)

1) Why this document exists (and why it’s often misunderstood)

An Affidavit of Sole Custody is a sworn statement where a parent (or lawful custodian) declares that they have exclusive parental authority/custody over a minor. Families commonly use it to satisfy “paper requirements” for:

a child’s passport application/renewal
travel (immigration checks, airlines, border officials)
school enrollment, medical decisions, insurance
visa/immigration filings for the child (especially when a child holds two nationalities)
banking, benefits, and other transactions requiring proof of who may legally act for the child

The key point: an affidavit is evidence, not magic. It does not create custody rights by itself when another person has legal parental authority. It can help show facts (and your good-faith position), but it can’t override a court order, a birth record establishing parentage, or the other parent’s legal rights.

Because of that, embassy notarization is best seen as answering one narrow question:

“Is this person who signed the affidavit the same person on the ID, and did they swear/acknowledge this statement before a Philippine consular officer?”

It is not a determination that you truly have sole custody.

2) “Custody” in Philippine law: parental authority vs. physical care

In Philippine family law practice, custody issues often blend three related concepts:

Parental authority (parental responsibility) – the legal power/duty over the child (care, discipline, decisions).
Custody / care and control – day-to-day physical possession and supervision.
Guardianship – court-supervised authority, often used when parents are absent, dead, unfit, or for property of the minor.

An “Affidavit of Sole Custody” usually tries to establish both exclusive care/control and exclusive authority for practical purposes (travel, passports, school). But the legal basis for exclusivity depends on how the child’s parentage and family situation fit Philippine rules.

3) When “sole custody” is straightforward under Philippine rules

A) The child is illegitimate (parents not married to each other at the time of birth)

Under Philippine doctrine, custody of an illegitimate child is generally with the mother, unless a court orders otherwise due to compelling reasons. In many real-world transactions, a mother’s affidavit is accepted more readily when:

the child’s birth record shows illegitimacy; and/or
the father is not in the picture; and/or
the requesting agency’s internal rules treat maternal custody as default

But if the father has acknowledged paternity and is actively asserting rights (or there are existing court orders), an affidavit alone may not settle disputes.

B) The other parent is deceased

If one parent has died, the surviving parent commonly exercises sole authority in practice. You will typically support the affidavit with:

death certificate of the deceased parent, and
the child’s birth certificate showing parentage

C) There is a court order granting sole custody / parental authority

This is the strongest basis. If there is a Philippine judgment (or a foreign judgment you can rely on, depending on use), an affidavit usually functions as a supporting document rather than the primary proof.

D) The other parent is unknown, absent, or has effectively abandoned the child

This is common in real life, but legally sensitive. “Abandonment” is a loaded term; some agencies accept an affidavit describing long-term non-contact/non-support, while others insist on:

a court order, or
a termination/suspension of parental authority (rare and court-driven), or
an adoption order, or
a more formal guardianship arrangement

If you use “abandonment” language, you’re asserting a serious fact under oath—so the affidavit must be specific and truthful.

4) When “sole custody” is not safely handled by affidavit alone

A) The child is legitimate (parents were married to each other)

For legitimate children, Philippine law presumes joint parental authority. If parents separate, both remain parents unless a court reallocates authority. In this scenario, many authorities will require one of the following:

the other parent’s consent (often a travel consent or “affidavit of support and consent”), or
a court order granting sole custody, or
documentation that the other parent is deceased, or
in some cases, formal proof that the other parent’s authority has been suspended/terminated (court-based)

A “sole custody affidavit” signed by only one parent may be rejected—or worse, it may expose the signer to accusations of misrepresentation.

B) There is an active dispute, protection case, or competing court orders

If there’s litigation, a restraining order, a protection order, or conflicting orders from different jurisdictions, an affidavit can become evidence against you. In these situations, consistency with existing orders and careful wording matter a lot.

5) Dual-national families: the hidden issues

Dual nationality changes the practical stakes more than the baseline custody rules.

A) Two legal systems may claim authority

A child may be Filipino and also a citizen of another country. The family might be living overseas, with:

a foreign custody order,
a pending divorce/separation abroad,
a child whose “habitual residence” is outside the Philippines, and
travel between jurisdictions with different consent rules

Even if your affidavit is notarized by a Philippine embassy, foreign border officers or agencies may insist on their country’s standards (often a consent letter from the non-traveling parent, a custody order, or both).

B) Embassies don’t “award custody”

A Philippine embassy can notarize your affidavit, but it generally won’t adjudicate who truly has custody. The notarization simply confirms proper execution of the document.

C) Child-abduction allegations are risk multipliers

International travel without the other parent’s consent—especially when the other parent has recognized rights—can trigger serious civil and criminal consequences in some jurisdictions. If you’re relying on an affidavit as your only “proof,” you should assume it may not protect you if the other parent contests the travel.

6) What it means to notarize at a Philippine Embassy (consular notarization)

Philippine foreign service posts commonly provide notarial services. In practice, the consular officer performs a function similar to a notary public, such as:

Jurat (you swear to the truth of the affidavit before the officer), and/or
Acknowledgment (you acknowledge you signed voluntarily)

For an Affidavit of Sole Custody, the usual format is a jurat (a sworn statement).

Why people prefer embassy notarization

It is often accepted by Philippine government offices and private institutions as a Philippine-style notarized document executed abroad.
It avoids complications with local notarization and subsequent authentication in some cases (depending on where the document will be used).

A crucial limitation

If the affidavit will be used primarily in the host country (not the Philippines), local institutions may prefer a local notary and the host country’s authentication method. Embassy notarization is not automatically “more valid” outside the Philippine system.

7) Typical requirements at the embassy for notarizing a sole custody affidavit

While procedures vary by post, the common requirements look like this:

A) Personal appearance

The affiant (the person signing) usually must appear in person before the consular officer. No appearance, no notarization.

B) Proof of identity

Bring government IDs, often:

Philippine passport (if Filipino), and/or
foreign passport, residence card, driver’s license (depending on post rules)

If names differ across documents (e.g., married name vs maiden name), bring linking documents (marriage certificate, court name-change order, etc.).

C) Supporting documents (often requested even if not strictly required to notarize)

Embassies sometimes ask for supporting documents to reduce obvious misuse, such as:

child’s birth certificate (Philippine PSA copy if available, or civil registry/foreign birth certificate)
the child’s passport(s) (Philippine and/or foreign)
custody order (if any), or death certificate of other parent (if applicable)

Even if the post is willing to notarize without attachments, the receiving agency (airline, immigration, DFA, school) might require them.

D) Fees and appointment

Notarial services are fee-based and often appointment-only. Many posts require online booking and have strict formatting rules (paper size, number of copies).

8) Drafting the affidavit: what a “strong” affidavit contains

A good affidavit is clear, specific, and honest. Typical elements:

Caption / Title “AFFIDAVIT OF SOLE CUSTODY” (or “AFFIDAVIT OF SOLE PARENTAL AUTHORITY AND CUSTODY”)
Affiant’s identity Full name, citizenship(ies), address abroad, passport/ID details.
Child’s identity Full name, date/place of birth, passport details, current residence.
Parentage facts
- names of both parents as shown on birth record
- marital status of parents at the time of birth (if relevant)
Legal basis for sole custody (facts first, conclusions second) Examples:
- child is illegitimate; mother has custody by default
- other parent is deceased (attach death certificate)
- court order granting custody (identify court, case number, date)
- long-term absence/non-support with specific dates and circumstances (be careful with “abandonment” claims)
Scope of authority being claimed Clarify what you mean by “sole custody,” e.g. authority to:
- apply for passports/IDs
- enroll the child in school
- consent to travel and medical care
- sign immigration/visa applications
Purpose State why it’s being executed: “for presentation to [agency] in connection with [transaction].”
Non-contradiction clause A statement that there is no existing order inconsistent with the affidavit or that you will comply with any existing order (don’t over-promise; be truthful).
Oath / jurat The consular officer will add the jurat block.

Language choices that reduce risk

Prefer verifiable facts over accusations.
Avoid absolute claims like “the other parent has no rights” unless you truly have an order that says so.
If you do not have a court order, frame carefully: “I have been the child’s sole caregiver since [date] and the other parent has not exercised custody/contact to my knowledge since [date].”

9) Step-by-step: how embassy notarization usually works

Prepare the affidavit (typed, clean, with placeholders for consular jurat).
Book an appointment (if required by the post).
Bring originals: passports/IDs and supporting documents.
Appear and sign in front of the consular officer (do not pre-sign unless the post allows it, which many do not).
Swear/affirm that statements are true (jurat).
Pay fees and receive your notarized copies with seal/stamp.
Make extra certified copies if you’ll submit to multiple agencies.

10) Using the notarized affidavit: acceptance and “authentication” issues

A) Use in the Philippines

A consular-notarized affidavit is often treated as a notarized document executed before a Philippine consular officer abroad and can be presented to Philippine entities. Still, the receiving office may demand:

custody order (if legitimacy/joint authority issues exist)
death certificate
other parent’s consent
the child’s PSA birth certificate or DFA/PSA authentication of civil registry documents

B) Use outside the Philippines

Foreign agencies may or may not accept a Philippine embassy notarization. Some prefer:

a local notary in the host country, and
whatever legalization/apostille method the host country uses

Practical approach: match the document form to the country/agency that will receive it.

11) Criminal and civil liability: perjury and misrepresentation

Because this is a sworn statement, false material claims can expose the affiant to:

perjury (for knowingly false statements under oath), and/or
fraud/misrepresentation consequences in immigration, custody disputes, and administrative proceedings

This is especially risky when the affidavit is used to facilitate international travel or to obtain passports/immigration benefits.

12) Common scenarios and what typically works

Scenario 1: Unmarried mother traveling with child; father not involved

Often accepted with:

Affidavit of Sole Custody (mother) + birth certificate + child passport.

Scenario 2: Married parents separated; one parent traveling without the other

Often requires:

other parent’s notarized consent or a court custody order. A sole custody affidavit alone is frequently rejected.

Scenario 3: Other parent deceased

Usually accepted with:

Affidavit + death certificate + birth certificate.

Scenario 4: There is a foreign custody order

Usually accepted if:

order is presented clearly, and the receiving agency accepts foreign orders; but for use specifically in Philippine proceedings, you may eventually need a formal method to have the foreign judgment recognized/enforced depending on context.

13) Checklist for dual-national families (practical “bring these” list)

Parent’s Philippine passport (and foreign passport if dual)
Child’s Philippine passport (and foreign passport if dual)
Child’s birth certificate (PSA copy if available; otherwise civil registry copy)
Proof of sole custody basis:
- court order, or
- death certificate of other parent, or
- documentation supporting sole caregiving arrangement (as applicable)
Any name-linking documents (marriage certificate, etc.)
Draft affidavit printed (plus extra copies)

14) Sample template (for adaptation)

AFFIDAVIT OF SOLE CUSTODY

I, [Full Name], of legal age, [citizenship/ies], presently residing at [address], and holder of [passport/ID details], after being duly sworn in accordance with law, hereby depose and state:

That I am the [mother/father/legal guardian] of the minor child [Child’s Full Name], born on [date] at [place], currently residing at [address], and holder of [passport details].

That the child’s parents are [name of affiant] and [name of other parent], as reflected in the child’s birth record.

That [state the factual basis for sole custody/parens patriae authority], as follows:

[Example: The child is illegitimate and has been under my sole care and custody since birth.] / [The other parent, [name], passed away on [date] (see attached death certificate).] / [A court granted me sole custody under Order/Judgment dated [date] in Case No. [number].]

That since [date], I have been the child’s primary caregiver and have exercised care and control over the child, including decisions relating to education, healthcare, residence, and travel.

That I am executing this Affidavit to attest to the foregoing and for whatever legal purpose it may serve, including for presentation to [agency] in connection with [purpose: passport/travel/school/visa].

IN WITNESS WHEREOF, I have hereunto set my hand this [day] of [month, year] at [City, Country].

[Signature of Affiant] [Printed Name]

SUBSCRIBED AND SWORN TO before me this [date] at [Post/City], affiant exhibiting to me [ID details].

[Consular Officer / Jurat block / Seal]

(Note: receiving agencies may ask you to attach the child’s birth certificate and custody basis documents.)

15) Final practical guidance

Use an affidavit when your claim to sole custody is clear, documentable, and consistent with parental authority rules.
If the child is legitimate and both parents are alive, expect to need consent or a court order—an affidavit often won’t substitute.
For dual-national children, plan for two sets of rules (Philippine and foreign) and make sure the document you notarize matches the receiving authority’s expectations (airlines, border officers, schools, immigration).

If you tell me your exact fact pattern (married/unmarried, where the child was born, what passports the child holds, where you’ll use the affidavit, and whether any custody order exists), I can suggest the safest document set to prepare and how to word the affidavit to fit Philippine practice while minimizing conflict with the other jurisdiction’s requirements.