Child Custody (Mom), Deadbeats, Lack of CS, Wedlock.....

[expat08]

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So why is it most dads in the Philippines run away from their kids, make threats to the mom, deny their paternity, will not support or slack on it........and most seem to do nothing to help the mom fight the dad? Catholic Church even on deaf ears?

And why is it the dads who try to support, work, be good role models, spend time or willing end up getting denied or threatened with false allegations, cases and fought by DSWD all because they want to be with the child and have some parental authority?

I've heard alot of friends deal with this mess. Dated some filipinas who've had kids out of wedlock or are separated, annulled, live in or whatever you may call it.

I'm surprised no one advocates immediate dual custody and dual liable and dual financial obligations....reagardless if you're divorced, annuled, separated, remarried or still married.


It's like the law pre-emptively says the mother is more needed and more capable and the guy isn't necessary till age 7?

And sadly most men seem just ok with this as they can get a free ride out of parenthood...to continue partying, drinking or spending money as they please.

I know the Philippines is working hard to advocate women empowerment but this kinda defeats the purppose as to the overall best interest of the kids....and more towards a Gender? Most countries have dual custody laws or if not all of South East Asia?

Most women then end up finding out how hard it is to raise a child all alone and it really would be better if both pitched in. (time and money).

I've met also single dads and it's a challenge working a fulltime job while playing mom-daddy house too.

The kids are more important overall. Not exactly some ego boost for a Gender or Empowerment movement or using the law or culture to be free of a child.

And please....no jokes on this. It just shows how mature you are to be a potential parent.

[J.Abz]

1. What are the specific laws that cover child custody for single moms in the Philippines?

If a child is born out of wedlock, the child is considered as illegitimate under the parental authority of the mother. You will find this in Article 176 of the Family Code of the Philippines. Child custody is one of the consequences of parental authority. Parental authority includes the right and duty of a parent to bring up a minor (below 18 years old). This authority cannot be renounced or transferred except in cases allowed by law (Article 210 of the Family Code).


Apart from the Family Code, a single mother may also read up on RA 8972, “The Solo Parents’ Welfare Act of 2000”) to find out her benefits as a single mom under Philippine law.



2. Are minors (or children under 18 years old) automatically under the custody of a mother? At what age can a child choose to live with either parent?
It depends. In the case of married couples, the father and the mother jointly exercise parental authority (and therefore, joint custody) of a child. However, in case of disagreement between the spouses, the father’s decision shall prevail unless there is a judicial order to the contrary (Art. 211, Family Code).

If the marriage is terminated by an annulment or declaration of nullity decree, there is a presumption in the Family Code as stated in Article 102 (6) and Article 129 (9) that any child below 7 years old is deemed to choose the mother, unless the court decides otherwise. In all cases, the court shall take into consideration the best interests of the child in making its decision.

For single mothers, they have sole parental authority over their child. The father of the child cannot be deprived of his parental rights to have access to the child in case he desires this. This can include temporary custody over the child.

3. What are the specific laws that pertain to child support, especially for single mothers? What can single mothers do to demand child support from the father?
Support can be found under Articles 193 to 203 of the Family Code. Support has some basic principles:

It is everything that is indispensable for food, shelter, clothing, medical attendance, education and transportation in keeping with the financial capacity of the family
It is joint (whether the parents are married or not), based on the proportion of the resources
It is based on the needs of the child and the means of the parents (there are no fixed percentages or rules on how much child support will be given)
It is never final (as the situation changes, so, too will child support requirements)
It must be demanded.
To claim or demand support, the single mother must prove that the child is related to the putative father. In case the father disputes his paternity, this can easily be established by a DNA test.

The single mother must demand for child support, and this is best done in writing, with proof that such demand was received by the father. If the father of the child refuses to provide child support despite receiving a written demand, the single mother can now sue the father for child support.

4. In the case a child is taken away without the consent of the single mother, what legal actions can a single mother take?
The single mother can file a civil and/or criminal case under Republic Act No. 90262, or “The Anti-Violence Act against Women and Children”. Or, the single mother can also choose to file kidnapping charges under the Revised Penal Code.

In case the father, who had been given access, takes the child away contrary to the terms under which he was given access, the single mother can sue him under RA No. 9262 or file a petition for contempt against him for violating any court order.


Single Moms and their Child Support and Child Custody Rights - Relationships | SmartParenting.com.ph

[expat08]

I'm not asking for the law or an explanation of it. I'm asking as to why the civil cultural issues with familys and children has so many problems in the Philippines in terms of custody, support, parental commitment or high rate of abandonment? I don't think the RA 9262 VAWA law helps either as it clogs the system and is very vague on the degree of the crime. It tends to be abused.

As is the cultural acceptance of the wedlock dads skipping out and running from responsibility and letting the mother do everything.

I just wonder if any Pinoys or Pinays have actually thought a different approach more 21st Century could be done or fix it?

[expat08]

1. What are the specific laws that cover child custody for single moms in the Philippines?

If a child is born out of wedlock, the child is considered as illegitimate under the parental authority of the mother. You will find this in Article 176 of the Family Code of the Philippines. Child custody is one of the consequences of parental authority. Parental authority includes the right and duty of a parent to bring up a minor (below 18 years old). This authority cannot be renounced or transferred except in cases allowed by law (Article 210 of the Family Code).


Apart from the Family Code, a single mother may also read up on RA 8972, “The Solo Parents’ Welfare Act of 2000”) to find out her benefits as a single mom under Philippine law.



2. Are minors (or children under 18 years old) automatically under the custody of a mother? At what age can a child choose to live with either parent?
It depends. In the case of married couples, the father and the mother jointly exercise parental authority (and therefore, joint custody) of a child. However, in case of disagreement between the spouses, the father’s decision shall prevail unless there is a judicial order to the contrary (Art. 211, Family Code).

If the marriage is terminated by an annulment or declaration of nullity decree, there is a presumption in the Family Code as stated in Article 102 (6) and Article 129 (9) that any child below 7 years old is deemed to choose the mother, unless the court decides otherwise. In all cases, the court shall take into consideration the best interests of the child in making its decision.

For single mothers, they have sole parental authority over their child. The father of the child cannot be deprived of his parental rights to have access to the child in case he desires this. This can include temporary custody over the child.

3. What are the specific laws that pertain to child support, especially for single mothers? What can single mothers do to demand child support from the father?
Support can be found under Articles 193 to 203 of the Family Code. Support has some basic principles:

It is everything that is indispensable for food, shelter, clothing, medical attendance, education and transportation in keeping with the financial capacity of the family
It is joint (whether the parents are married or not), based on the proportion of the resources
It is based on the needs of the child and the means of the parents (there are no fixed percentages or rules on how much child support will be given)
It is never final (as the situation changes, so, too will child support requirements)
It must be demanded.
To claim or demand support, the single mother must prove that the child is related to the putative father. In case the father disputes his paternity, this can easily be established by a DNA test.

The single mother must demand for child support, and this is best done in writing, with proof that such demand was received by the father. If the father of the child refuses to provide child support despite receiving a written demand, the single mother can now sue the father for child support.

4. In the case a child is taken away without the consent of the single mother, what legal actions can a single mother take?
The single mother can file a civil and/or criminal case under Republic Act No. 90262, or “The Anti-Violence Act against Women and Children”. Or, the single mother can also choose to file kidnapping charges under the Revised Penal Code.

In case the father, who had been given access, takes the child away contrary to the terms under which he was given access, the single mother can sue him under RA No. 9262 or file a petition for contempt against him for violating any court order.


Single Moms and their Child Support and Child Custody Rights - Relationships | SmartParenting.com.ph

That is the law. It doesn't mean that is what happens though.

[Meebo]

true that. i havent seen any single moms going after the dads.. there's alot of legislators in the Phils. but definitely a lack of enforcers. hehehe.

[expat08]

true that. i havent seen any single moms going after the dads.. there's alot of legislators in the Phils. but definitely a lack of enforcers. hehehe.

Lack of enforcers is the issue and seems politicians too busy with making more laws to fix the issue and spending more money.

most countries do dual custody dual liability on everything regardless the status of the couple. surprised the Philippines doesn't do this and dumps it on themselves to take care of it rather than pressure both to be responsible and handle it.

[Meebo]

one of the other reasons is probably because there isnt a clear enforcement of church and state.. when the gov't opens up any ideas about divorce and child custody.. the church intervenes alot (e.g Reproductive health bill, I mean seriously does that make you less of a christian if we legalize the reproductive health bill?). These politicians are easily swayed as well considering that the Philippines is a Christian Country.. (church gets your back you win during the elections) its all about the politics baby.. that was probably offtopic. hehe..

anyway.. when it comes to child custody.. there is also a lack of awareness as well on the part of the single moms / dads.. because while there is a shortage on enforcement of laws, who is going to enforce it if no one is going to complain? you have to know your rights!