If the parents entrust the management or administration of any of their properties to an unemancipated child, the net proceeds of such property shall belong to the owner. Art. Who has custody of the child when the parents are separated or not married? (330a). The child shall be given a reasonable monthly allowance in an amount not less than that which the owner would have paid if the administrator were a stranger, unless the owner, grants the entire proceeds to the child. 167. (n), Art. Nevertheless, the child’s father cannot be deprived of his parental rights to have access to the child if ever he desires to exercise it. 213. (321a, 323a), Art. In cases where the father refuses to recognize the child in the Philippines, a DNA test can be demanded and the responsibilities and duties of the parent will then apply upon presentation of written proofs: both the DNA result and the demand letter for support. The annulment of a voidable marriage shall not affect the legitimation. Child support is regular financial support provided by a parent who does not have custody of the child (i.e. (318a). When two or more recipients at the same time claim support from one and the same person legally obliged to give it, should the latter not have sufficient means to satisfy all claims, the order established in the preceding article shall be followed, unless the concurrent obligees should be the spouse and a child subject to parental authority, in which case the child shall be preferred. (272a), Art. 91 and PD 603). Upon the filing of the petition, the court shall notify the parents or, in their absence or incapacity, the individuals, entities or institutions exercising parental authority over the child. (264a), Art. Art. Under Articles 193 to 203 of the Family Code, child support has the following basic principles: It must also be noted if the child’s father does not have the means nor capacity to find sufficient child support, then the obligation can pass to his family — including his parents (the child’s grandparents) if they have the means to do so. Required fields are marked *. (322a), Chapter 5. Children conceived or born during the marriage of the parents are legitimate. (40a, PD 603). Art. 190. Art. The annulment or declaration of nullity of the marriage of a minor or of the recorded agreement mentioned in the foregoing. However, if in the same proceeding the court finds the petitioner at fault, irrespective of the merits of the petition, or when the circumstances so warrant, the court may also order the deprivation or suspension of parental authority or adopt such other measures as it may deem just and proper. During the proceedings for legal separation or for annulment of marriage, and for declaration of nullity of marriage, the spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership. 224. In case several survive, the one designated by the court, taking into account the same consideration mentioned in the preceding article, shall exercise the authority. At the same time, it can be reduced or increased proportionately, based on the reduction or increase of the parent’s resources and means, or on the reduction or increase of the child’s needs. Claims for damages by either spouse, except costs of the proceedings, may be litigated only in a separate action. (n), Art. 217. 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. The adopters may petition the court for the judicial rescission of the adoption in any of the following cases: (1) If the adopted has committed any act constituting ground for disinheriting a descendant; or(2) When the adopted has abandoned the home of the adopters during minority for at least one year, or, by some other acts, has definitely repudiated the adoption. Legitimated children shall enjoy the same rights as legitimate children. Art. 244. Some general guidelines in filing for child support include: What can a single mother do if her child is taken away from her without her consent? The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article: (1) The spouses;(2) Legitimate ascendants and descendants;(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;(4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and(5) Legitimate brothers and sisters, whether of full or half-blood (291a), Art. 212. 173. The measures referred to in the preceding article may include the commitment of the child for not more than thirty days in entities or institutions engaged in child care or in children’s homes duly accredited by the proper government agency. The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances. 196. In case of foundlings, abandoned neglected or abused children and other children similarly situated, parental authority shall be entrusted in summary judicial proceedings to heads of children’s homes, orphanages and similar institutions duly accredited by the proper government agency. Art. (n). By Dennis Germain and Anthony DeMatteis. 225. (302a), Art. (314a). (1) By the marriage of the minor; or(2) By the recording in the Civil Register of an agreement in a public instrument executed by the parent exercising parental authority and the minor at least eighteen years of age. Art. (30a, E. O. 257. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient. 206. 202. Art. 241. I just want to know, does grand parents have the rights to decide for the child even if the monther has the sole custody and the only one who can decide for the kid. Substitute and Special Parental Authority. The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent. The provisions governing emancipation by recorded agreement shall also apply to an orphan minor and the person exercising parental authority but the agreement must be approved by the court before it is recorded. (n), Art. Suspension or Termination of Parental Authority. (n). 234. Art. (255a), Art. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force. (n), Art. 248. (291a), Art. (2166a). 197. Furthermore, contractual support shall be subject to adjustment whenever modification is necessary due to changes of circumstances manifestly beyond the contemplation of the parties. (n), Art. Petitions filed under Articles 223, 225 and 235 of this Code involving parental authority shall be verified. Art. (n). Adoption shall have the following effects: (1) For civil purposes, the adopted shall be deemed to be a legitimate child of the adopters and both shall acquire the reciprocal rights and obligations arising from the relationship of parent and child, including the right of the adopted to use the surname of the adopters;(2) The parental authority of the parents by nature over the adopted shall terminate and be vested in the adopters, except that if the adopter is the spouse of the parent by nature of the adopted, parental authority over the adopted shall be exercised jointly by both spouses; and(3) The adopted shall remain an intestate heir of his parents and other blood relatives. Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons in the order herein provided: (1) The spouse;(2) The descendants in the nearest degree;(3) The ascendants in the nearest degree; and(4) The brothers and sisters. (287a), Art. (n), Art. Art. The grounds enumerated above are deemed to include cases which have resulted from culpablenegligence of the parent or the person exercising parental authority. 207. 201. 184. If any provision of this Code is held invalid, all the other provisions not affected thereby shall remain valid.

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