Question: Can a father automatically obtain custody of his children if the mother is in a relationship with a new partner?

In the Philippines, child custody is primarily guided by the best interest of the child. The law considers various factors, including the child's age, the parent's ability to care for the child, and the stability of the parent's living environment.

Custody of Children Below Seven Years Old Under Article 213 of the Family Code of the Philippines, a child under seven years of age is generally placed under the custody of the mother. This provision reflects the principle that a child of such tender age needs maternal care unless there are compelling reasons to remove custody from the mother. Examples of compelling reasons include neglect, abandonment, immoral conduct, or incapacity to care for the child.
Impact of a Parent's Relationship on Custody Entering into a new relationship or cohabiting with a partner does not automatically disqualify a mother from retaining custody of her children. Courts typically focus on whether the mother continues to provide a stable and nurturing environment for the child. A parent's moral conduct is considered, but it is not the sole determining factor in custody decisions. For example, the law does not automatically transfer custody to the father solely because the mother is living with a new partner.
Father’s Custody Rights The father may seek custody if he can prove that the mother is unfit to care for the child. However, he must provide substantial evidence that the mother’s actions, living conditions, or behavior directly harm the child’s welfare. Simply being in a new relationship or cohabiting with another person is not, by itself, enough to disqualify the mother from custody unless it can be shown that it negatively affects the child.
Parental Agreements and Court Orders Parents may agree on custody arrangements, but such agreements must still prioritize the child's welfare. If there is a disagreement, the court will intervene to determine the best custody arrangement. A court order for custody is essential in situations where parents cannot reach an agreement, and it ensures that the arrangement is legally enforceable.
Visitation Rights The non-custodial parent, whether the mother or father, is generally entitled to visitation rights. Courts recognize the importance of maintaining a relationship between the child and both parents, even when one parent does not have primary custody. These rights can be modified if the court finds that such visits are not in the child’s best interest.

In conclusion, child custody is not automatically granted to one parent based on their relationship status. Courts in the Philippines assess custody based on the child’s needs and well-being, considering all factors related to the parent’s capability to provide proper care.