In general, the full custody of a child below seven is given to the mother. However, a mother may risk losing custody if found guilty of subjecting children to any type of abuse.

The compelling reasons for a mother to lose child custody:

1. insanity
2. neglect
3. abandonment
4. immorality and unemployment
5. habitual drunkenness
6. drug addiction
7. maltreatment of the child
8. affliction with a communicable illness

For children older than seven years of age, they have the right to state their preference. However, the court is not bound by the children's choice as it also has to exercise its discretion by ensuring that the parent who gets the custody is deemed fit for the role. The custody may also be given to a third person.

"Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well‑being. (n)

The State ought not to interfere with the right of parents to bring up their child unless its exercise causes potential harm to him. The State steps in, through the law, only if there are compelling reasons to do so. State intrusion is uncalled for where the welfare of a child is not jeopardized.

Regardless of marital circumstances, the mother and the father are presumed to be fit and competent to act in the best interest of their child. They can agree to share parental authority or, if you will, parental custody even as they decide to live under separate roofs. In a voluntary joint custody the mother might want to keep the child in her home during schooldays but allow the father to have him on weekends. And they could agree on some device for arriving at a consensus on where the child will study and how his spiritual needs are to be attended to.

The law does not take away from a separating couple the authority and competence to determine what is best for their child. If they resolve on their own that shared parental custody is in their child's best interest, then the law and the courts have no business vetoing their decision. The parents enjoy a primary right to make such decision. I cannot concede that, where the child is below seven years of age, any agreement that diminishes the mothers absolute custody over him is void.

The second paragraph of Article 213 of the Family Code should not be read as prohibiting separated couples from agreeing to a custody arrangement, other than sole maternal custody, for their child of tender age. The statutory preference for the mothers custody comes into play only when courts are compelled to resolve custody fights between separated parents. Where the parents settle the matter out of court by mutual agreement, the statutory preference reserved to the mother should not apply.

A reading of the entire text of Article 213 shows that the second paragraph applies only to custody disputes that have reached the courtroom. Thus:

Article 213. In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit.

No child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise.

It is unmistakable that the legislative policy is to vest the separated mother with physical custody of the child under seven years old, in cases where the courts are called upon to designate a parent for the exercise of parental authority. The second sentence of the first paragraph and the second paragraph itself merely qualify the general rule expressed in the first sentence that parental authority shall be exercised by the parent designated by the Court, in case of parental separation.

In choosing the parent who will exercise parental authority, the court must take into account all relevant considerations. One of these is the child's age, as the court is directed to give due regard to the child's choice, if the child is more than seven years of age. If the child, however, is below seven years of age, the court cannot separate the child from the mother, except for compelling reasons. This is the import of the entire provision.

Thus, no legislative policy is violated if separated parents are allowed to voluntarily agree to a child custody arrangement other than sole maternal custody. It is not the policy of the state to prohibit separated parents from compromising on child custody even if the child is of tender age. On the contrary, voluntary custody agreements are generally favored as it can only work for the best interest of the child.

It is not logical to say that the Court would be subverting the legislative policy of avoiding a tragedy where a mother has seen her baby torn away from her if separated parents are allowed to enter into a joint custody agreement. It can hardly be said that a child is being torn away from the mother, if the mother sees the wisdom and benefit of sharing custody of the child with the father. The voluntary nature of the agreement negates any deep sorrow or sense of deprivation that the mother may experience on account of her separation from the child."

The family law in the Philippines has significantly changed over the years. While marriage's definition was used to be a simple union between a man and a woman, it is considered a special contract at present. A contract that prevents either parties from changing partners at the same rate they change their clothes. Revisions and additions on the family code are inevitable especially in this modern day and age when same sex marriage has also stirred a web of controversy. Perhaps, the family law in the country has once lain dormant and only awakened by the prevalence of domestic abuse, infidelity, etc. The video provides an overview of the recent changes and trends in family law. The changes benefit both traditional and modern families. They provide more options to couples who wish to seek legal assistance or advice. Are you also aware of the changes and trends in family law? How do you feel about them? Let us know your thoughts.

When married couples decide to put an end to the relationship, it is always the children that are caught in the middle. The scenario wherein one party demands for child support can become an endless battle. This is where R.A. 9262 steps in. It is a sad fact that even after the annulment proceedings, both parties just cannot meet halfway let alone having an agreement with child support. However, child support should not be a complicated issue. Child support refers to a policy in which regular payment for the financial support of a child must be made. It is very common among cases of marriage annulment, invalid marriages and children who are born out of relationships which are non-marital.  Although there are some technicalities that make the entire process difficult to understand, just catching a glimpse of the family code will help you gain basic knowledge. 

Based on articles 195 and 196 of the Family Code, the following are required to support each other: 

• The spouses;

• Legitimate ascendants and descendants;

• Parents and their legitimate children and the legitimate and illegitimate children of the latter;

• Parents and their illegitimate children and the legitimate and illegitimate children of the latter;

• Legitimate brothers and sisters, whether of full or half-blood.

On the other hand articles 194, 201 and 202 states that the support must be in proportion to the provider’s resources and the recipient’s necessities. 

When it comes to supporting the recipient’s education, the support covers the training or schooling, and expenses, which include transportation and allowances. The support can be given in two options: either paying a fixed allowance or maintaining the person entitled to receive support in the giver’s dwelling. 

However, if the petition of annulment was successful, you are no longer required to provide support unless there was mutual agreement on both parties regarding rendering support. So long as the hearing for the petition is ongoing and the decisions have not been ruled out yet, the support must be continuous. 

When filing for child support, the first step will be filing the case in the court system. Relevant information must also be provided and necessary documents needs to be secured. Some of the documents that you will be required to submit include a valid photo ID card, proof of address, birth certificate of the child or children, proof of income, payment history and many more. 

The requirements must be completed before any hearing could take place. The court will provide the date of hearing and the non-custodial parent will be informed about it. The information that was provided will be validated and parents are required to answer questions the court may have about parenthood. The process can be lengthy depending on the circumstances and evidence presented.