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
Full article text is being added. Read the official text at officialgazette.gov.ph.
Related
RELATED RIGHTS
Family Law
Permanent Validity of PSA Birth, Death, and Marriage Certificates Philippines 2022 — BatasKo ELI5
Family Law
Muslim and Indigenous Marriages Philippines — BatasKo ELI5
Family Law
Muslim Divorce Philippines — BatasKo ELI5
Family Law
Muslim and Non-Christian Marriage Law Philippines — BatasKo ELI5
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.