But he will need to prove that he is the father via paternity test or other means. The Mother has Custody and Parental Authority over an Illegitimate Child 163. The father and the mother shall jointly exercise parental authority over the persons of their common children. This is a … 603 or the Child and Youth Welfare Code, the child's welfare is always the paramount consideration in all questions concerning his care and custody. The Supreme Court has always stated that the welfare of the minors is the controlling consideration on any issue involving custody of children. Natural filiation may be legitimate or illegitimate. Under Article 8, Presidential Decree No. She cannot therefore be deprived of the child’s custody unless she is not fit to exercise such authority and care. 211. The father of an illegitimate child has the power to change both of their destinies by simply acknowledging (or not acknowledging) that the child is his own. In this guide, you’ll learn how an illegitimate child can be acknowledged by the father and be entitled to use that father’s surname. 209 Articles 1 – 162 | Articles 163 – 257 THE FAMILY CODE OF THE PHILIPPINES TITLE VI PATERNITY AND FILIATION Chapter 1. The law tends to favor the natural parent (the father) unless the maternal family can prove that he is unfit to be a parent and cannot be granted custody even in the mother’s absence. However, insofar as illegitimate children are concerned, Article 176 of the Family Code states that illegitimate children shall be under the parental authority of their mother. For one, the father of an illegitimate child must have the right to access his child (visitation right). (n) Art. In the case of child custody, the courts take a look into several factors to deem who is the more worthy parent to exercise parental authority: the mother or the father. You will find this in Article 176 of the Family Code of the Philippines. However, the father has a right of access (known as visitation rights) to the child. The child’s biological father has every right and can claim custody and sole parental authority over the child. The well-being of the child is of paramount importance. Both rules, however, do have exceptions. However, under Article 176 of the Family Code, illegitimate children are under the parental authority of the mother. Children conceived or born […] This article will teach you how to wield this power by discussing the legal procedures involved in acknowledging an illegitimate child in the Philippines. As the father of an illegitimate child, you have the power to change both of your destinies by simply acknowledging (or not acknowledging) that the child is your own. The father and mother, being the natural guardians of unemancipated children, are duty-bound and entitled to keep them in their custody and company. EXECUTIVE ORDER NO. Read More. 603 or the Child and Youth Welfare Code , the child's welfare is always the paramount consideration in all questions concerning his care and custody. The father and mother, being the natural guardians of unemancipated children, are duty-bound and entitled to keep them in their custody and company. Art. Yes, definitely. 209. As a general rule, if the child is illegitimate, the father only has visitorial rights over his child. Child support and custody are common issues that parents face. The Family Code provides that such illegitimate child may file a petition to establish his filiation with his father during the lifetime of the father. At the same time, parental authority covers the right and duty of a parent to bring up the minor (below 18 years old), and cannot be renounced or transferred except in cases as allowed by the … 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. Under Article 8, Presidential Decree No. He can use pieces of evidence to prove that the father has recognized him as his biological child such as photos, letters and testimonies of people. When it comes to the shared right of husband and wife, custody and parental authority remain unclear.

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