Child custody is one of the most emotionally challenging family law issues. Philippine courts decide custody based on the best interests of the child. This guide explains the types of custody, the tender years doctrine, and what factors courts consider.
Types of Custody
- Legal Custody — right to make major decisions (education, healthcare, religion)
- Physical Custody — right to have the child live with you
- Joint Custody — both parents share legal/physical custody
- Sole Custody — one parent has full custody, other has visitation rights
The Tender Years Doctrine
Under Article 213 of the Family Code, children under 7 years old shall not be separated from their mother unless compelling reasons exist. For children 7 and above, the court considers the child’s preference.
How Courts Decide Custody
- Moral fitness of each parent
- Financial capacity to support the child
- Emotional bond between child and each parent
- Stability of home environment
- Child’s preference (if 7+ years old)
- History of abuse or neglect
- Willingness to foster relationship with other parent
Child Support
Both parents must support their children regardless of custody. Support includes food, shelter, education, healthcare, and recreation. The court determines the amount based on the child’s needs and the parent’s capacity.
Modifying Custody Orders
Custody orders can be modified if there is a substantial change in circumstances, such as the custodial parent moving abroad or becoming unfit.
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Disclaimer: This article is for general information only and is not legal advice. Consult a qualified lawyer for your specific situation.