The Mother has Custody and Parental Authority over an Illegitimate Child In Renalyn Masbate vs. Ricky Relucio, G.R. The choice of your 12-year-old daughter may be considered provided her choice will serve her best interest and the parent is not unfit. Effectively, children born from 19 March 2004 onwards can use the surname of the father. 176 of the Family Code which mandates the use of the surname of the mother if the child is illegitimate. What is the general rule as to custody over children? 235498, 30 July 2018, the Supreme Court pronounced, to wit: “Accordingly, mothers (such as Renalyn) are entitled to the sole parental authority of their illegitimate children (such as Queenie), notwithstanding the father’s recognition of the child. What this means is that regardless of whether the parents are married or not, they still have a responsibility to support their child. 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. (3) The legitimate and adopted children, ten years of age or over, of the adopting parent or parents; (4) The illegitimate children, ten years of age or over, of the adopting parent, if living with said parent and the latter’s spouse, if any; and (5) The spouse, if any, of the person adopting or to be adopted. In the Philippine Law, if the parents were separated, children below 7 years old must be on mother’s custody no matter what happen. You can’t separate a child from his or her mother. First, do yourself and your child a favor and join the rest of us in the 21st century. This rule extends to illegitimate children.The mother, however, can lose her custody rights and parental authority if she is deemed by the state unfit to raise her child. Applying the above decision to your situation, the custody of an illegitimate child shall be given to the mother unless she is shown to be unfit. In an Order 11 dated December 4, 2015, the RTC ruled that the custody of three (3)-year-old Queenie rightfully belongs to Renalyn, citing the second paragraph of Article 213 of the Family Code, which states that "[n]o child under seven [(7)] years of age shall be separated from the mother x x x." Under Article 213 of the Family Code, children under 7 years of age are under the parental authority of their mothers. (31a, E.O. Key notes on child custody in the Philippines. And under these, both legitimate and illegitimate children are entitled to support until age 18. No. Republic Act 9255 ( The Revilla Law) – RA 9255 is a law that allows illegitimate children to use the surname of the father amending Art. The general rule is that a child under seven years of age shall not be separated from his mother, which is based on the basic need of a child for his mother’s loving care.