The Impact of the Best Interest of the Child Principle on Child Custody

Abstract

This study aims to determine the impact of the principle of The Best Interest of the Child as applied on custody cases which seemingly runs counter to the Philippine Laws that grants to the mother the sole and primary custody of children below seven years old.  This study utilized a qualitative research design through document analyses involving the said principle, as well as actual cases on child custody.  This research also prominently considers cases decided upon by the Supreme Court of the Philippines. Although Philippine Laws did not codify The Best Interest of the Child principle, the Court’s rulings are very much geared toward deciding the cases based on such principle, deciding on a case-to-case basis what constitutes the child’s best interest in a particular case.  Hence, even though a court’s decision might not strictly adhere to the laws that grants to the mother the custody of a child below seven years old, this would be interpreted to mean that such decision is, above all, for the child’s best interest.  The principle does indeed have a remarkable impact on custody cases, as the child’s best interest can even supersede the tender years doctrine that favors the mother in custody cases.