Dear Attorney,
I am a father who recently separated from my child’s mother. We have gone our separate ways, and she now has her own family. My concern is that my sister-in-law, the child’s aunt, wants to take care of my child despite my separation from the mother. Does my sister-in-law have any legal right to take care of my child even though my ex-partner and I are no longer together?
Insights:
In the Philippines, the care and custody of a child primarily rest with the parents, whether they are married, separated, or have never been married. According to the Family Code of the Philippines, specifically under Article 213, "No child under seven years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise." This provision emphasizes the mother's right to custody over the father in cases of separation, especially for children of tender age, unless there are compelling reasons against it.
When it comes to relatives such as aunts or uncles, they do not automatically have legal rights to custody or care for the child unless both parents are deemed unfit, or if both parents consent to such an arrangement. In cases where the parents are unable or unfit to take care of the child, the court may consider the best interests of the child and may grant custody to a close relative. However, this is typically done under legal guardianship proceedings, which require a formal court process.
If the child’s mother is capable and willing to care for the child, or if the father has legal custody, the aunt's desire to take custody or care for the child would not hold legal ground unless it is proven in court that both parents are unfit or that the child’s best interest is better served under the aunt's care.
It is essential to note that the best interest of the child is always the paramount consideration in custody matters. Courts will examine various factors, including the child's emotional, social, and physical needs, before making any decision that would alter the child's living arrangements.
Therefore, unless the parents are unable or unfit to take care of the child, or unless they consent, the aunt does not have the legal right to take custody or care of the child simply because she wishes to do so. It would be advisable to address this matter formally, either by discussing it with the child's mother or through proper legal channels to avoid any misunderstanding or legal complications.