Child custody

CHILD CUSTODY

Article 213 of the Family Code states that: “In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit.”
This means that a child under 7 years of age are under the parental authority of their mothers may they be legitimate or illegitimate, meaning the child shall not be separated from the mother, unless the court finds compelling reasons to order otherwise. Some of the compelling reasons which would justify an exception to the rule and not awarding custody to the mother are neglect, abandonment, unemployment and immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity or affliction with a communicable illness (Tonog vs Court of Appeals, GR 122906, 7 February 2002).
If the child is at an age where he or she can make intelligent choices, his or her preferences and best interests can trump procedural rules. The family code states that the father of the illegitimate child may have parental authority over the child, including legal custody and visitatorial rights considering that the father of the illegitimate child has inherent and natural rights over the child which he can assert to uphold his rights as a father over his illegitimate child and achievie full custody or visitatorial right.