Who gets custody of a child under seven years old in the Philippines?

Answer

Under Article 213 of the Family Code, no child under seven years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise. This tender-age presumption is mandatory but can be overcome by evidence that the mother is unfit — for example, neglect, abandonment, drug addiction, or exposing the child to abuse.

In every custody dispute the overriding standard is the best interest of the child. A custody order never attains finality and may always be modified as circumstances change, and any agreement that tries to contract away the mother's custody of a child under seven is void.

Sources & further reading

• Family Code Art. 213 — tender-age presumption
• Full report: child custody & parental authority

Cases on this topic

• Alag v. Villamor
• Briones v. Miguel
• Cortes v. Castillo
• David v. Court of Appeals
• Hirsch v. Court of Appeals
• Lim v. Lim
• Madrinan v. Madrinan
• Maningding v. Bersamina

Related questions

• Who exercises parental authority over a child in the Philippines?