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.

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Answered on 1/21/10, 5:44 am


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