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Browse our 11 legal questions about Child Custody in Philippines and the lawyer answers, or ask your own questions for free.
In the Philippines, including Imus, child custody is a serious matter given much attention by the law. The welfare of the child is always the primary concern. In case of annulment, legal separation, and de facto separation, children under seven years old are placed under the custody of the mother unless the court finds compelling reasons to order otherwise. For children above seven, the preference of the child is taken into account.
Involving a lawyer in child custody cases is essential because of the complexity of laws and the emotions associated with the separation process. You might need a lawyer if you're anticipating a contested issue, your case crosses jurisdictions, you're dealing with a complex situation (i.e. involving children with special needs), or if your former partner is unable/unfit to care for your child and it is in the best interest of the child to live with you.
The Philippines law, applicable in Imus, follows the principle that the child's welfare is paramount. Article 213 of the Family Code states that children below 7 years old should not be separated from the mother, unless there is a court order saying otherwise. It also states that in case of death, absence, or unsuitability of parents, substitute parental authority can be given to others by the court.
The child under 7 years, unless there are compelling reasons, is under the custody of the mother.
Under Article 211 of the Family Code, the father and mother are jointly exercising parental authority and custody over the child. Thus, the father cannot take away the child from the mother unless he can prove that the mother is unfit or incapable of caring for the child.
Under the Family Code, a mother can't lose custody merely because she doesn't have a job. The basis for custody is the best interest of the child, not the financial capacity of the parent.
In the Philippines, including Imus, a child over 7 years old has the right to express his/her preference. However, the court still has the final say.
The court may grant joint custody if it finds that both parents are fit, they are willing to share custody, and it is in the best interest of the child to maintain strong relations with both parents.
You might want to look into Philippine e-Laws for more legal information, or the Department of Social Welfare and Development's (DSWD) website for resources about child wellbeing. For local aid, Imus Family and Community Healing Program provides counseling services.
If you are dealing with child custody issues in Imus, first seek legal counsel. An experienced family lawyer will help you understand your rights and provide you with options considering the best interest of your child. Prepare all necessary documents related to your case and always open lines of communication with your ex-partner to hopefully reach an agreement for the benefit of your child.
