Here's the scoop for the week. Carlo Aquino has reportedly embarked on a legal journey to secure visitation rights for his daughter with Trina Candaza, Enola Mithi.
Earlier this week, PEP.ph received an undated photo of Carlo carrying his daughter Mithi outside of the Quezon City Regional Trial Court. It was reportedly sent by a reporter from the local news outlet, DZRH.
PEP.ph reported that Carlo has filed a case to acquire visitation rights over Mithi and the photo allegedly occurred during one of their court hearings.
PEP.ph also reported that the case has been filed for a while already.
Visitation rights refer to a parent's legal right to spend time with their child after separation. In this case: Trina, Carlo, and Mithi.
In the Philippines, the law generally favors the mother in cases of custody for children under seven years of age. Hence, Trina has custody over Mithi.
ADVERTISEMENT - CONTINUE READING BELOWWith this, the father must mostly follow the mother's essential decisions when it comes to co-parenting their child.
But fathers can still file for visitation rights and will be subject to court approval based on the parent's relationship with the child, the parent's ability to provide for the child, and the child's best interests.
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Visitation schedules can be settled privately and decided based on what's best for the child. The law can also recognize visitation agreements.
There's no strict rule on how to implement this. As long as the consent of both mother and father is acknowledged, then it's good to go.
Carlo and Trina have been separated since December 2021.
Recently, Mithi celebrated her third birthday party, with Trina sharing glimpses of her wonderful party through Instagram snaps and a YouTube vlog. However, Carlo was notably missing from the celebration.
Ogie Diaz who attended Mithi's birthday party, reported that Carlo and his family were invited to the party, according to Trina.
CONTINUE READING BELOWwatch nowEarlier this year, Carlo made it clear that he wants to be an active part of his daughter's life.
"Sana, ‘di ba, mahiram ko naman. Tutal nagpo-provide ako para sa kanilang dalawa. […] Ayokong mag-assume, ayokong magsalita kasi hindi ko talaga alam ‘yung nangyayari," he stated, revealing that his ex-partner hasn’t been replying to his messages about wanting to see their daughter earlier this year.
Trina has publicly refuted allegations that she has been preventing Carlo from seeing their daughter.
"That's not true. I also pay half of our expenses, so para sa akin, dalawa kaming nagpo-provide. Pwede naman niyang sabihin na nag-su-sustento siya kay Mithi, kasi totoo yun. Pero para sabihin niya na binubuhay din niya ako, nakaka-offend sa part ko yun, kasi nagtatrabaho din ako," she revealed in her interview with Ogie Diaz.
What are the laws that cover child custody in the Philippines?
Children born out of wedlock are considered illegitimate and parental authority then falls to the mother. This is covered in Article 176 of the Family Code of the Philippines. Child custody is one of the consequences of parental authority. Parental authority includes the right and duty of a parent to bring up a minor (below 18 years old). And this authority cannot be renounced or transferred except in cases allowed by law (Article 210 of the Family Code).
ADVERTISEMENT - CONTINUE READING BELOWSingle mothers, therefore, have sole parental authority over their child. However, the father of the child cannot be deprived of his parental rights to have access to the child in case he desires it. This can also include temporary custody over the child.
This story originally appeared on Cosmo.ph.
*Minor edits have been made by the Smartparenting.com.ph editors.
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