Does entering into a new relationship affect a parent’s chances of getting custody of their children?

In the Philippines, child custody matters are governed by the Family Code and other relevant laws. The primary consideration in deciding custody disputes is always the welfare and best interests of the child. While there may be various factors that influence custody decisions, entering into a new relationship, including living with a partner, does not automatically disqualify a parent from being awarded custody. However, it is important to examine how such relationships might impact the child’s well-being.

Best Interests of the Child Principle

The Philippine courts adhere to the "best interests of the child" principle when determining custody. Factors that influence this decision include the child's age, emotional and psychological needs, educational requirements, health, and the stability of the home environment. The court's main goal is to ensure the child's physical, emotional, and moral development in the best possible environment.

Custody of Young Children

For children under seven years old, the law generally favors the mother, as stipulated in Article 213 of the Family Code. This is based on the belief that a mother’s care is most beneficial for young children. However, there are exceptions, such as cases where the mother is deemed unfit, such as instances of neglect, abuse, or immorality. While living with a new partner may be scrutinized by the court, it does not automatically mean the mother is unfit for custody unless it negatively affects the children.

Living with a New Partner and Its Impact on Custody

When a parent enters into a live-in relationship, the court may consider whether this new arrangement is conducive to the well-being of the children. The court will look at factors like:

The moral environment in which the child will be raised.
The relationship between the child and the new partner.
The stability of the new relationship and how it affects the child.

Living with a new partner may not necessarily affect a parent's right to custody unless it can be shown that the new relationship poses a threat to the child’s safety, stability, or emotional well-being.

Parental Rights of the Father

The father also has rights to custody, particularly when the mother is shown to be unfit or unable to care for the children. If the father petitions for custody and demonstrates that his environment is more stable or beneficial for the children, the court may award him custody. However, the general presumption remains that for children under seven, the mother is preferred unless disqualified.

Conclusion

In child custody disputes, the mere fact of entering into a new relationship or living with a partner does not automatically determine custody. What matters most is the overall impact on the child’s well-being. Both parents have the right to seek custody, but the court’s primary concern is ensuring the child’s best interests are protected. The parent who can provide the most nurturing and stable environment for the child will likely be favored in custody decisions.