"X" is a father of a 2-year old baby girl. He and the mother of their baby were former live-in partner here in General Santos City. They were supposed to get married, however, his common-law wife had eloped with another man. Worse, she brought with her their baby girl. Thus, "X" came to our office and asked some advice whether he could have custody over their common child.
The baby girl of "X" is an illegitimate child. She is an illegitimate child because she was born while her parents are not yet married.
According to the Family Code of the Philippines, an illegitimate child shall be under the parental authority of the mother. The same law does not even provide an instance where the father could take custody of an illegitimate child.
The law does not even state the option for the child to select upon reaching the age of 7 between the father and the mother.
This is true also even if the mother would leave the custody of an illegitimate child to her parents while she would be working abroad. The father has no right to take custody of the illegitimate child.
Regardless whether the child is acknowledged by the father. This would not give him any right to take custody of the illegitimate child.
However, if the father could show in the "best interest" of the child shall be under his custody, the court might take into consideration this instance.
Thus, "X" could not have custody over his illegitimate child.
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