Can a 13-Year-Old Choose Which Parent to Live With in the Philippines?
Question: I am a 13-year-old living with my father but I want to move in with my mother because I am more comfortable with her. No one has custody over me and my parents have never been married. Can I choose to live with my mother instead?
Answer:
In the Philippines, custody issues are often resolved in light of what is in the "best interest of the child." According to Philippine law, children below seven years of age are deemed to be under the parental authority of their mother as stipulated in Article 213 of the Family Code. However, since you are 13 years old, this specific provision does not automatically apply to your situation.
When parents are not married, as in your case, the custody is generally awarded to the mother as emphasized in the Article 176 of the Family Code of the Philippines, citing that illegitimate children shall be under the parental authority of their mother. However, this doesn't necessarily mean that you can move in with your mother without discussing and resolving this matter with both of your parents.
To facilitate the process, it might be beneficial to:
1. Have an open conversation with both of your parents explaining your preference and the reasons behind it. It is crucial to maintain a respectful and understanding approach during the discussion.
2. Seek the assistance of a mediator or a counselor who can help in facilitating the conversation between you and your parents to reach a consensus that is in your best interest.
3. If an agreement can't be reached, you or your mother might consider filing a petition in court to settle the custody arrangement. Courts generally consider the wishes of a child who is above 7 years old in custody battles, although they are not bound to abide by the child’s preference. The court will evaluate various factors including the parents’ ability to provide for the child, the child’s relationship with each parent, and the overall environment provided by each parent.
4. Document incidents or reasons that validate your preference to live with your mother to help build a substantial case if the matter escalates to legal proceedings.
It is always advised to consult with a legal expert to understand all your rights and the possible courses of action in your specific situation. It is of utmost importance that any decision made is in accordance with the legal procedures to ensure the wellbeing and best interest of the child involved.