Title IX — Parental Authority
Article 213
ELI5— what this means for you
When spouses separate (through legal separation, annulment, nullity, or even de facto separation), the court decides custody of the children. The general rule is that children below 7 years old shall not be separated from the mother, UNLESS the court finds compelling reasons (like the mother's drug addiction, neglect, or abuse). For children 7 and above, the court weighs the best interests of the child.
Key point
Under-7 rule: child stays with mother by default. Above 7: court uses best-interest-of-the-child standard. Father can petition to overcome the maternal preference if there are compelling reasons.
Official text — EO 209
In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit. (n)
No child under seven years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise.
Source: lawphil.net (EO 209 as amended)
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Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on marriage, annulment, property relations, custody, or support, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.