Dear Attorney,
I am a Filipino residing in the Philippines and currently separated from my wife. We have a 4-year-old child, and I understand that, under Philippine law, children of that age usually stay with the mother. However, I would like to know if it is possible to set up a schedule that allows my child to also spend time and stay with me. Could you advise me on this?
Sincerely,
A Concerned Parent
Insights
In the Philippines, child custody arrangements are governed primarily by the Family Code of the Philippines (Executive Order No. 209), particularly Articles 213 and 363, which focus on the welfare of the child. For children under the age of seven, the law generally presumes that the mother should have custody unless there are compelling reasons to disqualify her. However, the rights of the father to have a relationship with his child are also recognized, which can lead to the establishment of a visitation or custody schedule.
Joint Parental Authority
Both parents retain joint parental authority over their children, even after separation, unless a court order specifically states otherwise. This authority includes the right to make decisions regarding the child’s upbringing, education, and general welfare. In practice, this joint authority implies that both parents have a role in the life of the child, though the child may reside primarily with one parent.
Right to Visitation
While physical custody may be granted to the mother for children under seven, visitation rights for the father are often recognized, as long as such arrangements are in the best interests of the child. This can include overnight stays or regular visits during weekends, holidays, or school breaks. The specific arrangement is often decided through a mutual agreement between the parents or, if necessary, ordered by the court.
Court-Ordered Custody Schedules
If the parents cannot agree on a visitation schedule, either party may file a petition with the Family Court to establish a custody and visitation arrangement. The court will prioritize the child’s best interests, considering factors such as the emotional and psychological well-being of the child, the ability of each parent to provide proper care, and the child’s preference if they are of sufficient age and maturity.
Courts are inclined to allow reasonable visitation rights for the non-custodial parent, except in cases where there is evidence of abuse, neglect, or any other situation that may harm the child. It is always advisable for both parents to cooperate and agree on a schedule that serves the child’s welfare to avoid prolonged legal disputes.