Things to consider in Child Custody

Understanding Child Custody Laws for Illegitimate and Legitimate Children

Illegitimate children are those conceived and born outside of a valid marriage. The laws surrounding parental custody and authority for these children are more straightforward – custody generally falls to the mother. This rule applies regardless of whether the child is a minor or not. However, the father retains visitation rights, a topic we will delve into later.

Shared Parental Custody over Legitimate Children

When it comes to legitimate children, parental authority and custody are typically shared between both parents. The Family Code decrees that both the father and mother have a mutual responsibility to exercise parental authority over their shared offspring.

If the parents separate, the court designates which parent will have authority. This decision takes into account various factors, with a key emphasis on the preference of a child over seven years of age, unless the selected parent is unfit. For children under seven, the mother generally retains custody unless the court finds compelling reasons for an alternate arrangement.

Custody Laws for Minor Children

As stated earlier, the law generally favors keeping a child under seven with their mother, unless there are significant reasons to rule otherwise. In any disputes about minor children’s custody, the primary consideration is always the child’s physical, educational, social, and moral welfare. The resources and moral situations of the contending parents are also taken into account.

Impact of Parental Disagreement, Death, or Absence on Child Custody

In scenarios where the parents disagree, the father’s decision usually prevails unless there’s a judicial order stating otherwise. If one parent is absent or deceased, the present or surviving parent continues exercising parental authority. In the event that both parents are absent, deceased, or unfit, substitute parental authority is given to the surviving grandparent.

Suspension and Termination of Parental Authority

Parental authority can be automatically suspended if a parent is convicted of a crime that entails a civil interdiction penalty. The authority can also be suspended by the court if the parent has been found to be excessively harsh, gives corrupting counsel, compels the child to beg, or subjects the child to lascivious acts.

Parental authority can be terminated permanently by court order in the event of the parents’ or child’s death, the child’s emancipation, or if a person exercising parental authority subjects the child to sexual abuse.

Visitation Rights of Non-custodial Parents

Visitation rights in family law refer to the legal privilege granted to a parent or relative who doesn’t have custody of a child to spend time with them on a regular schedule. The court determines the specifics of these rights. In certain cases, such as those involving violence against women and children, the father may be deprived of visitation rights.

Keep in mind that child custody laws can vary, so it’s crucial to consult with a family law professional to understand the specifics for your situation.


177 Responses

  1. please help po pwede ko po bang makuha ang anak ko? kasal po kami ng asawa ko isang araw po sabi nya ayaw na nya… pwede ko po ba makuha ang anak ko salamat po

  2. Goodeve po meron na po akong 5month old na tinatangi po ito ng knyang ama. At meron po syng kinakasama ngayon buntis.Pwde po bang mag sampa ng child support? Sa ama ng bata ? Kahit tinatangi nya ito? At d po sya nka perma ng live birth ng bata?.

  3. Question:kasal po kami pero magkahiwalay ng tahanan simula ng nawalan ako ng trabaho… Noong una pwede ko mabisita ang mga anak ko lero ng tumagal ay pinagbawalan na akon oumunta at dumalaw sa mga bata at pwede ko na lang silang makita kung kelan gusto ng mommy nila. Recently nalaman ko na may bago na pa lang ka luve in ang asawa ko… Pwede ko bangmakuha ang mga anak ko for the grounds of immorality… Since nakikita nila ang adawa ko kasama ang kabit nya sa bahay kahit na kasal kami?

  4. Ask ko lang po pwede ko po bang tanggalanng karapatan o visitation rights yung dati kong live in partner sa anak ko na 2 years old ako po ang sumuporta sa anak ko at isang beses lang po sya nagbigay ng gatas at diaper sa anak ko . Anu po bang isasampa kong kaso ayoko na pong suportahan nya yung anak ko dahil nakaya ko naman palakihin anak ko na ako lang gumagastos para sa lahat ng kailangan niya . Thank you po

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