Habeas Corpus For Joint Custody (illegitimate Child, 5 Y/o With Mild Asd)

Hi everyone. I’m looking for general legal insight regarding an ongoing custody case in the Philippines.

My brother filed a Petition for Habeas Corpus seeking joint custody of his 5-year-old son.

Background:

The child is illegitimate (parents were never married).

The child is 5 years old.

He has mild Autism Spectrum Disorder (ASD).

He lived with our family since birth (for 5 years).

We were the primary caregivers since birth.

We handled his daily care, schooling, medical appointments, therapies, and vaccinations.

We have the birth certificate, school records, medical check-ups, vaccination cards, and developmental milestone documentation.

Recently, the mother took custody of the child.

We filed the petition seeking joint custody and asking the court to consider maintaining the status quo, since the child has been living with us his entire life and has established routine and support, especially considering his mild ASD.

During the first hearing:

The judge stated that under Philippine law, custody of an illegitimate child generally belongs to the mother.

The judge granted my brother 2 days visitation while the case is ongoing.

The mother was given 10 days to file her response.

The next hearing is on March 19.

There was also discussion regarding schooling. Because the child has mild ASD, there were concerns about whether the current public school has properly trained teachers for special needs children. The mother claimed the school where she enrolled the child has certification. We are currently trying to verify this. (but as per checking, the school is not permitted to accept children with special needs)

During visitation:

The child appeared noticeably thinner compared to before.

His eyes were swollen, including during the hearing, which appeared to be from crying.

During visitation, he repeatedly asked to “go home” with us and said he did not want to stay with his mom.

He appeared emotionally distressed and very attached to returning with us.

Given his mild ASD, routine and stability are especially important for him.

We understand that maternal custody is the legal presumption for illegitimate children. However, we are seeking joint custody, not sole custody.

Our questions:

How much weight does 5 years of continuous caregiving carry?

What qualifies as sufficient exception to maternal custody presumption?

How much weight does a 5-year-old’s expressed preference carry, especially a child with mild ASD?

If the child appears physically thinner and emotionally distressed, how is that evaluated legally?

Is habeas corpus the proper remedy, or will this likely turn into a full custody case?

We are trying to understand realistic expectations before the next hearing.

Thank you for any insights.

Location: Philippines