The Child’s Best Interests Take Precedence Over Parental Custody Agreements

The Supreme Court (SC) has reaffirmed the fundamental principle that the best interests of the child must take precedence over any custodial arrangements agreed upon by parents, especially when such agreements do not serve the child’s welfare.

In a decision authored by Senior Associate Justice Marvic M.V.F. Leonen, the SC’s Second Division granted the petition filed by Jeffrey R. Empuerto and his parents (collectively referred to as the petitioners) and remanded the case to the Family Court for proper proceedings.

Ruling in favor of the petitioners, the SC emphasized that a petition for habeas corpus in custody cases is intended to determine rightful custody rather than simply to secure a child’s appearance in court. The trial court must evaluate the totality of circumstances to ensure that custody is awarded only when:

1. The petitioner has a legal right to custody;
2. The opposing party is withholding the child; and
3. Granting custody to the petitioner serves the child’s best interests.

The SC noted that compromise agreements between parents regarding a child’s custody are discouraged. Courts should not merely approve custody agreements but must guarantee that the child’s rights and welfare are protected. The Court stated:

“[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. When, as in this case, the parents are already separated in fact, the courts must intervene to determine in whose custody the child can better receive the rights granted to [them] by law.”