Legal Question in Family Law in Philippines
I am a single parent raising my 3 year old son. Before, my son's father and I were in good terms, but then we decided to part ways just last week. We are not married but I placed my son's surname after his. He has no job for 1 year now and still not looking for a job. Question is, can he run after the custody of my child? what if I don't want to share my son with him? What are my options in this case?
Asked on 1/10/10, 5:48 pm
1 Answer from Attorneys
VOLTAIRE T. DUANO
VOLTAIRE T. DUANO LAW OFFICE
Under the law, a child below 7 years old cannot be separated from the mother. This is the principle of maternal preference rule. Moreover, if a child is born out of wedlock parental authority belongs to the mother. This includes custody. But you cannot deprive the father of his visitorial rights. Good luck to you.
Answered on 1/21/10, 5:44 am