Child Custody Agreement in Philippines

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Child Custody Agreement in the Philippines: A Comprehensive Guide

Child custody is one of the most difficult issues that parents face during a separation or divorce. In the Philippines, child custody is governed by the Family Code, which provides guidelines for determining child custody and visitation rights.

If you are going through a separation or divorce and are in the process of negotiating a child custody agreement, it is important to understand the legal requirements and your options. This article provides a comprehensive guide to child custody agreements in the Philippines.

Legal Requirements

Under Philippine law, both parents are entitled to the custody of their children. However, the court may award custody to one parent based on the best interests of the child. The Family Code provides that the child`s welfare shall be the paramount consideration in determining custody.

In addition, under the law, parents have the duty to support, educate, and rear their children. The court may consider these factors in determining custody.

Types of Custody

There are two types of child custody in the Philippines: legal custody and physical custody.

Legal custody refers to the right to make major decisions about the child`s upbringing, such as education, religion, and medical care. Physical custody pertains to the right to have the child physically reside with one parent.

Joint custody, where both parents share legal and physical custody, is not recognized under Philippine law. However, the court may grant visitation rights to the non-custodial parent.

Factors to Consider

When determining custody, the court may consider a variety of factors, including the child`s age, health, and emotional needs, the parents` ability to provide for the child`s physical and emotional needs, and the relationship between the child and each parent.

The court may also consider any evidence of abuse or neglect by either parent, and may ask for a psychological evaluation of the child or the parents.

Negotiating a Custody Agreement

Parents are encouraged to negotiate a custody agreement outside of court. This can save time, money, and emotional stress.

A custody agreement should be in writing and should include provisions for legal custody, physical custody, and visitation rights. The agreement should also address the child`s expenses, such as school fees, medical expenses, and living arrangements.

If the parents are unable to come to an agreement, the court may order mediation or appoint a social worker to investigate and make a recommendation. If mediation fails, the court will hold a hearing and make a custody determination based on the best interests of the child.


Child custody agreements can be complex and emotionally charged. It is important for parents to understand the legal requirements and their options when negotiating a custody agreement.

If you are going through a separation or divorce and need assistance with a child custody agreement, it is recommended that you consult with an experienced family law attorney. With guidance from a legal professional, you can reach an agreement that is in the best interests of your child.

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