Child custody in the Philippines
In the Philippines married parents have joint parental authority, the mother alone has it for an unmarried couple's child, and a child under seven stays with the mother.
Updated October 2026. Spotted a mistake? Tell us.
If the parents are married
The father and the mother exercise parental authority jointly over their legitimate children.
If the parents are not married
The mother has sole parental authority over a child born outside marriage. A father who acknowledges the child can ask the court for custody or visitation.
The unmarried father, in one line: The mother has it; the father needs a court order.
After a divorce or separation
The court decides custody by the child's best interests. A child under seven should not be separated from the mother, unless the court finds a compelling reason.
What the child can say
The court gives special weight to the choice of a child over seven, unless the parent chosen is unfit.
Moving house or moving abroad with the child
A child needs the other parent's consent, or a court's, to travel abroad. The Philippines is a party to the Hague Child Abduction Convention.
If the parents live in different countries
The Philippines is a party to the 1980 Hague Child Abduction Convention, which lets a parent ask for a child wrongly taken to another country to be returned. It works only with countries that have accepted its accession, so check the other country on the treaty status table.
Understand the legal system first
The Philippines belongs to the Mixed: civil and common law family. Family law grows out of the legal tradition, so it helps to know how the system works.
Read the Philippines legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in the Philippines? →
Official sources
Take it further
The family and property rules of a European country in one PDF, with questions for a local lawyer.
Write down parenting time and responsibilities.
Permission for a child to travel with one parent or another adult.
Marriage, divorce, custody and support, step by step.
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TheLawToKnow Tools’s child custody guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.

