Who determines custody during a pending annulment action if spouses lack an agreement?

During the pendency of the action, the court is responsible for determining custody if there is no written agreement between spouses. The court shall give paramount consideration to the moral and material welfare of the children involved. Furthermore, it will consider the children’s choice of the parent with whom they wish to remain. This directive is explicitly mandated under Article 49 Family Code of the Philippines. “Art. 49. During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses, the court shall provide for the support of the spouses and the custody and support of their common children. The court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom they wish to remain as provided for in Title IX. It shall also provide for appropriate visitation rights of the other parent. (n)” 31-Jul-26

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 Nicolas and De Vega Law Offices is a full-service law firm in the Philippines.  You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines.  You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.