Mother has right of sole custody of her children
" I have been living with my boyfriend for 10 years. We have two kids and have acquired properties. We were both single when we met each other. As of this writing, we are not in good terms anymore and decided to break up. My questions are:What will happen to our properties and how will these be partitioned?
Who between us has a right over the custody of our kids?Glenda
Dear Glenda,It is unfortunate that after ten years of being together, you and your boyfriend decided to part ways. There will be heartaches and sufferings that you will experience but it is the children who will suffer more because of your separation. Be that as it may, life must go on and you must face the future with optimism especially for your children.
With regard to your properties, the same may be partitioned equally between you and your boyfriend. Since, as can be inferred from your letter, you and your boyfriend had no legal impediment to marry during the entire duration of your cohabitation. This is in accordance with Article 147 of the Family Code of the Philippines which provides:Art. 147. When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.
In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the formers efforts consisted in the care and maintenance of the family and of the household.xxxInsofar as the custody of your children is concerned, you alone shall be entitled to their custody. This is because under the law, the parental authority over the person of an illegitimate child shall be exclusively exercised by his/her mother (Article 176, Family Code of the Philippines).Parental authority is defined under the Family Code of the Philippines as follows:
Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being.Again, we find it necessary to mention that 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 elaborated.We hope that we were able to enlighten you on the matter." - https://www.affordablecebu.com/
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"Mother has right of sole custody of her children" was written by Mary under the Legal Advice category. It has been read 743 times and generated 0 comments. The article was created on 15 September 2021 and updated on 15 September 2021.
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