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A verified petition for the rightful custody of a minor may be filed by any person claiming such right. The party against whom it may be filed shall be designated as the respondent. Parents of the minor child shall have the right to custody over their children.
Who has custody of the child when the parents are separated or not married? According to Article 176 of the Philippine Family Code, a child is considered illegitimate if the child is born out of wedlock, and in such cases, the parental authority and custody of the child fall on the mother.
Unless otherwise ordered by the courts, both parents have joint legal custody if they resided together after the birth of the child, regardless of their marriage status. Unmarried parents may come into an agreement where one of them assumes sole custody or they may agree to take joint custody of the child.
The most common are sole custody, joint custody, and primary physical custody. Legal custody is also available. Grandparent and visitation custody is another a type of enforceable child custody agreement.
While sole and joint custody is the two most common general custody arrangements, the countless variations of family dynamics make a one-size-fits-all custody arrangement virtually impossible. Parents have to understand the diverse needs of their children when creating an arrangement.