Things to consider in Child Custody
- In custody cases, the supreme importance is the good and well-being of the child.
- Common rule is custody of a child under 7 year of age the mother is preferred.
- Exception: In case there are convincing causes, custody may be deprived and allowed to a different person under Article 214 of the Family Code.
- Convincing causes for a mom to lose custody: negligence; abandonment; joblessness and immorality; habitual drunkenness; drug addiction; ill-treatment of the child; insanity; affliction with a communicable illness.
Under the Philippine laws, together parents of a legal child have parental rights over their child. This includes custody of the child. A petition for custody may be filed where the petitioner ‘s residence or where the minor may be located.
In accordance to Section 20 on the Rules on Custody of Children, a petition for writ of habeas corpus may be filed to have access or visitation rights over his son. It is a remedy to relieve a person from unlawful restraint. It sought by parents whose parental rights to their children are being withheld from them by another parent, family member, or third party having custody of their child.