Abusive husband not entitled to child custody
"Paldo and I got married in February 2016. After the marriage, Paldo displayed his true character. He beat me every time he was drunk, and he was also having an extramarital affair with another woman, who is allegedly married. I am already fed up, so I filed a complaint against him for violating Republic Act 9262 before the council of the barangay (village) where we reside. During one of our confrontations, he asked me to give him the custody of our four-year-old son since he had the resources in sending our son to any school. He said I was jobless and that the child would have a good future if he would have custody of him. Who will have a better right with respect to the custody of our son?
The custody of your four-year-old child will be awarded to you and not to his father because of the provision of Article 213 of the Family Code of the Philippines which states that:“x x x
“No child under seven years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise.”The reason behind the above-mentioned rule was explained by the court in the case of Perez vs Court of Appeals (GR 118870, March 29, 1996), where the Supreme Court, through Associate Justice Flerida Ruth Pineda Romero, stated that:
“The rationale for awarding the custody of children younger than seven years of age to their mother was explained by the Code Commission:“The general rule is recommended in order to avoid many a tragedy where a mother has seen her baby torn away from her. No man can sound the deep sorrows of a mother who is deprived of her child of tender age. The exception allowed by the rule has to be for “compelling reasons” for the good of the child those cases must indeed be rare, if the mother’s heart is not to be unduly hurt. If she has erred, as in cases of adultery, the penalty of imprisonment and the divorce decree (relative divorce) will ordinarily be sufficient punishment for her. Moreover, moral dereliction will not have any effect upon the baby who is as yet unable to understand her situation (Report of the Code Commission, p. 12).”Section 28 of Republic Act 9262, or the “Anti Violence Against Women and Their Children Act of 2004,” provides that:“The woman victim of violence shall be entitled to the custody and support of her child/children. Children below seven (7) years old or older but with mental or physical disabilities shall automatically be given to the mother, with right to support, unless the court finds compelling reasons to order otherwise.
“A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children. In no case shall custody of minor children be given to the perpetrator of a woman who is suffering from battered woman syndrome.”Applying the above-enumerated provisions of law in your situation, it is clear that your abusive husband will not be awarded the custody of your son. The fact that he has the resources to send the child to any school is of no moment considering that the law itself vests to the mother the automatic custody of a child below seven years old or older, but with mental or physical disabilities.This opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to "
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"Abusive husband not entitled to child custody"
was written by Mary
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comments. The article was created on 14 September 2021
and updated on 14 September 2021