Dear PAO,
I have a four-year-old son from a previous unmarried relationship. My son is using his biological father’s surname since the latter acknowledged my son. I am now married to another man. However, the parents of my former boyfriend do not want me to have custody of my child because I am already married. I want to seek your advice if I can still have custody over my son although I am married to another man. And how can I oblige the biological father of my son to give financial support to our child?
Mitch

Dear Mitch,
Your rights and obligations as a parent do not end when you marry another man. As the mother of your son, you have the right to have custody over him. The right to the custody of a child is sourced from the right to exercise parental authority over the latter. The law even provides that “no child under seven years of age shall be separated from the mother unless the court finds compelling reason to order otherwise” (Art. 213 Family Code of the Philippines).  Jurisprudence also recognizes that:

“Parents have the natural right, as well as the moral and legal duty, to care for their children, see to their proper upbringing and safeguard their best interest and welfare. This authority and responsibility may not be unduly denied to the parents; neither may it be renounced by them. Even when the parents are estranged and their affection for each other is lost, the attachment and feeling for their offsprings invariably remain unchanged. Neither the law nor the courts allow this affinity to suffer absent, of course, any real, grave and imminent threat to the well-being of the child” (Silva v. Court of Appeals, 84 SCAD 651, 275 SCRA 604).

Thus, your marriage to another man does not affect your rights over your son.

As to the family of the biological father of your son, should they continue to deprive you of the custody of your son, you may file a petition for the rightful custody of your son in the family court where you reside or where the minor may be found (Rule on Custody of Minors and Writ of Habeas Corpus in Relation to Custody of Minors A.M. No. 03-04-04-SC). The law provides parents of the remedy to regain the custody of their minor children who have been taken away by third persons, even by their own grandparents.  Through a petition for writ of habeas corpus, the court shall render judgment awarding the custody of the minor to the proper party after considering the best interests of the minor.

With regard to obliging the biological father to support your son, the law mandates the father to give support to their illegitimate children (Art. 194, Family Code of the Philippines). The law defines support as that which ” . . . comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family” (Art. 194, Family Code of the Philippines). Support can be demanded as soon as the need for it by the children arises. You may demand support from your son’s father by sending him a demand letter or filing a case in court for the same. Also note that the amount of support is not fixed since it may vary over time depending on the needs of the children. Thus, the court may from time to time adjust the amount of support.

We hope that we were able to sufficiently address your query. We remind you, however, that this opinion is solely based upon the facts you have given us and our appreciation of the same. The opinion may vary when the facts are changed.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to This email address is being protected from spambots. You need JavaScript enabled to view it.