Who is awarded custody of the minor children after a decree of legal separation is issued?
The court prioritizes the safety and moral upbringing of the children when issuing a final separation decree. Consequently, the permanent custody of the minor children shall be awarded exclusively to the innocent spouse. This award is made subject to the general child welfare provisions found elsewhere in the Code. This custodial protection rule is explicitly stated in Article 63 Family Code of the Philippines. “Art. 63. The decree of legal separation shall have the following effects: … (3) The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 212 of this Code; and” 31-Jul-26About Nicolas and De Vega Law Offices
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/.
