Many foreigners have been living in the Philippines for many years and have formed their own little families also have cute babies. However, it's hard to keep things the same in relationships, and when some of the young ones break up with their partners, they are often faced with the issue of child custody.
Especially for children under the age of 7, custody is a matter of concern. What does the law say in the Philippines?
And how can both parents deal with this complex situation?
Some time ago, we received a pair of young parents who came to us for counseling - Mr. S, a Chinese national, and Ms. L, a Filipino national, who have been living in the Philippines for many years and have an adorable 5-year-old baby.
Due to various reasons, they decided to separate.
However, regarding the custody of the baby, they were divided: Ms. L believed that the baby, should live with her, while Mr. S wanted to fight for the custody of the baby.
So they approached us for legal help.
Article 213 of the Family Code of the Philippines has clear provisions:
Children under seven years of age are to be raised by the mother unless there are special reasons to believe that the mother is unfit to raise the child.
For instance, the court may award custody to the father or other suitable guardian if the mother is guilty of abuse, neglect, or other serious behavior detrimental to the health and safety of the child.
In fact, the law is designed to protect the best interests of the child!
For children under the age of 7, mothers are usually able to provide better care and emotional support, which is very important for the healthy development of the child.
Of course, this is not to say that fathers are incapable of raising children, but in the absence of special circumstances, mothers are considered to be the more suitable providers.
In the case of Ms. L and Mr. S, Mr. S stated that he was capable of providing a stable and secure living environment and that he attached great importance to the baby's education and development.
However, Ms. L does not agree to give custody of the baby to Mr. S, arguing that the baby needs the mother's care.
Faced with this situation, Mr. S needs to provide sufficient evidence to prove that he is more suitable to raise the baby,.
This may include:
-- Provide evidence of the other party's disadvantages in child rearing, such as neglect, abuse, etc.
-- Demonstrate their own financial, emotional, and educational advantages, etc.
-- Demonstrate their ability to provide a stable, healthy environment for the child to grow up in.
Although some people wish to raise their baby alone, we also recommend trying to negotiate with a former partner to share the responsibility of raising the baby.
After all, a child cannot grow up without the love and support of both parents.
Shared parenting not only allows the child to feel loved by both parents, but also reduces the stress of single parenting. If both parties can agree, the court will usually respect their arrangement
recommend
The issue of child support after a partner breaks up can be a real challenge.
But no matter what, both parents should act in the best interests of the child and try to reach a consensus.
If you have encountered similar problems, come to us for advice.
FEILONG LEGAL will provide you with the most professional legal guidance to help you solve your custody troubles!