According to Article 176 of the Philippine Family Code, a child is considered illegitimate if the child is born out of wedlock, and in such cases, the parental authority and custody of the child fall on the mother. In child custody controversies in the Philippines, the U.S. Embassy can attempt to locate the child, monitor his or her welfare upon the request of a parent, and furnish a list of local attorneys. Custodial right to an illegitimate child. Only the child himself or herself has the right to decide which surname to take when he or she becomes of age. But for the mean time, illegitimate children shall bear the surname of their mothers. by Rachel Perez . In particular, with respect to custody-support cases over children, it is easily understandable that […] Example of such reasons are: Go back to the main article: An Ultimate Guide to an Illegitimate Child’s Rights, Birth Registration, and Legitimization. In this blog post, we will tackle the topic of custody and whether or not the father of an illegitimate child can exercise or assume parental authority or custodial rights. The child’s biological father has every right and can claim custody and sole parental authority over the child. Let us help you manage your legal and regulatory needs so you and your staff can focus your attention on where it matters most – your core business. Legitimate Children Art. Illegitimate children ; The Family Code of the Philippines vests the mother with the parental authority over an illegitimate child (Article 176). In one case, the Supreme Court ruled that, as a consequence and in the exercise of parental authority, the mother is entitled to have custody of the child except if the mother is unfit to exercise such authority and care. Sa bawat pamilyang nasisira ang pinaka-unang apektado ay ang mga bata. Although the categories may have different target readers, they all have the same mission: to educate, empower, and inspire Filipinos to contribute to our country even in small ways. You can read more about this situation here. Isa nga sa madalas na nagiging pangunahing problema ay kung kaninong poder mapupunta ang pangangalaga sa kanila. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.” Thus, the general rule is, the parents exercise parental authority over the child. What is disturbing about illegitimacy in the Philippines, apart from the social stigma, is that illegitimate children do not enjoy the same rights under the law enjoyed by legitimate ones. Republic Act 9255, however, clearly provides that an illegitimate child shall be under the parental authority of the mother unless the latter is unfit. It also takes center stage in cases of children borne out of wedlock. Child custody is one of the consequences of parental authority. The right of custody accorded to parents springs from the exercise of parental authority. FilipiKnow is a portmanteau of two words: "Filipino" and "knowledge." Child custody law in the Philippines. Consequently, Ricky James filed a petition for habeas corpus and child custody 8 docketed as SP No. When it comes to the surname of the illegitimate child, the father or the mother can’t dictate the child’s last name. 164. If and when their relationship does not work out, the law seeks to ensure the safety and welfare of the child whose status is … BGC Taguig Law Firm – Law Firms in the Philippines. The father will only be denied his visitation right if such meetings between father and child are deemed detrimental to the child’s well-being. Article 176 of the Family Code clearly states that, “Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code…“ She cannot therefore be deprived of the child’s custody unless she is not fit to exercise such authority and care. However, this rule is not absolute. However, the father has a right of access (known as visitation rights) to the child. Very often, when a father marries another woman, the child born out of wedlock by his relationship with another woman becomes neglected in terms of support, love and caring. Custody is often a matter discussed when a child’s parents have legally separated or annulled their marriage. And under these, both legitimate and illegitimate children are entitled to support until age 18. 176 of the Family Code provides that parental authority of an illegitimate child is vested with the mother. b. It depends. 545 thoughts on “ Basic Issues in Child Custody in the Philippines ” ramonsd August 7, 2007 at 8:46 am ... My husband has a 2-yr old illegitimate son under his custody. It depends. 209 Articles 1 – 162 | Articles 163 – 257 THE FAMILY CODE OF THE PHILIPPINES TITLE VI PATERNITY AND FILIATION Chapter 1. Custody of Children. Natural filiation may be legitimate or illegitimate. Does a father have custody rights over his illegitimate children? If that is the case, your son is an illegitimate child, which also means that he is under the custody of his mother in accordance with Article 176 of the Family Code declaring, among others, that: “Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code…” For one, the father of an illegitimate child must have the right to access his child (visitation right). 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