Dear PAO,
I am contemplating talking to the mother of my child regarding our only child’s custody. I want to spend more time with our child, and I feel that this is the right time to reconnect after several years of working overseas. Can a court validly determine the custody of a minor solely on the basis of a compromise agreement between the parents?
Gege
Dear Gege,
The trial court cannot validly determine the rightful custody of a minor solely on the basis of a compromise agreement between the parents without conducting the proceedings necessary to determine the child’s best interests. In the case of E & D Parts Supply, Inc. vs. Margaret L. Uy (G. R. No. 259284, 24 January 2024, Ponente: Associate Justice Jhosep Y. Lopez), the Supreme Court elucidated:
“Moreover, a compromise agreement between parents as to a child’s custody is frowned upon by the Court. In Lacson v. San Jose-Lacson, the Court remanded the case to the trial court to determine the issue of custody after presentation of evidence, since it found that the trial court resolved the issue based merely on the spouses’ amicable settlement:
“[A child’s rights] are not and should not be dependent solely on the wishes, much less the whims and caprices, of [their] parents. [Their] welfare should not be subject to the parents’ say-so or mutual agreement alone. Where, as in this case, the parents are already separated in fact, the courts must step in to determine in whose custody the child can better be assured the rights granted to [them] by law. The need, therefore, to present evidence regarding this matter, becomes imperative.”
Your period of employment overseas and desire to spend more time with your child do not, standing alone, determine who has the rightful custody of your child. The Supreme Court emphasized that the welfare of the child cannot be made dependent solely upon the mutual agreement of the parents. Rather, the court must receive evidence and independently determine which parent is entitled to custody after considering the child’s best interests. Moreover, Section 14 of the Rule on Custody of Minors and Writ of Habeas Corpus in Relation to Custody of Minors, A.M. No. 03-04-04-SC, requires the court to consider the best interests of the minor, with paramount consideration given to the child’s material and moral welfare.
Thus, if you and the mother of your child are able to reach an agreement that allows you, as a father, to spend more meaningful and regular time with your child, such agreement may serve as an important consideration in crafting an arrangement consistent with the child’s best interests. However, if the agreement is being relied upon as the sole basis for finally determining your child’s rightful custody, the aforementioned case makes clear that the court must still undertake the required judicial determination and, where necessary, receive evidence through trial.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
