Is infidelity sufficient to deprive a mother of custody over her child? The law categorically provides that no child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise (Article 213, Family Code). In other words, the law presumes that the mother is the best custodian,which finds its reason in the basic need of a child for his mother’s loving care. Moreover, insofar as illegitimate children are concerned, they are under the parental authority of their mother (Article 176, Family Code).
What are the “compelling reasons” that are deemed sufficient to deprive a mother of custody over her child below seven years of age?
These instances of unsuitability include neglect, abandonment, unemployment and immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity, and affliction with a communicable illness.
How about infidelity of the mother? Infidelity, by itself, is not sufficient to deprive a mother of her child under seven years of age. In the words of the Supreme Court in a 2005 case:
xxx sexual preference or moral laxity alone does not prove parental neglect or incompetence. Not even the fact that a mother is a prostitute or has been unfaithful to her husband would render her unfit to have custody of her minor child. To deprive the wife of custody, the husband must clearly establish that her moral lapses have had an adverse effect on the welfare of the child or have distracted the offending spouse from exercising proper parental care.
What if the child is older than seven years? If older than seven years of age, a child is allowed to state his preference, but the court is not bound by that choice. The court may exercise its discretion by disregarding the child’s preference should the parent chosen be found to be unfit, in which instance, custody may be given to the other parent, or even to a third person.
[See also Child Custody of the Father and Mother, Visitation Rights in the Philippines]
is homosexuality on the part of the mother a ground for a mother being denied custody of the child?
Homosexuality, by itself, is not a ground to deny custody from a mother.
good pm sir, how about the mother has another man but not married, or soon to be marry to another and she’s the one who leave from the child’s father? does the mother has the right to take care of the child? and in fact the father’s family are the one who take care of the child and giving the full support of the child.
Reynold, those issues deserve a separate post. It’s not merely a matter of yes or no. Please drop by some other time and check if we already discussed related issues. Thanks.
what are the grounds for child support if the mother abandoned the husband? and can she also ask for support from the husband if she is the one who left?
Can a mother bring her 15 year old son to US without his father’s consent?
I am a mother of two and I have a relationship with a lesbian. My husband found out about it thru hacking my email and messengers. I decided to separate with him not primarily bec of my relationship but it has been an ongoing issue of differences and verbal abuse. Now we are undergoing an annulment, I just want to know my chances of having custody of my kids. I have been very hands on with my children, making sure they get the best and both excel in school. The only thing that bothers me is that I am unemployed, I have job offers but my children do not want me to be away from them. My husband continues to give support for the kids and I do have my “on the side businesses” which covers my day to day expenses plus I can allot some for my kids. He’s working abroad and he does have a good paying job. Do you think having a homosexual relationship and being unemployed will affect my chances of getting custody of my kids?
Hi ,I have a 4years old son and Im not married with his dad , Im trying to get full custody over my son. And I have a previous record of Physical abuse agents his dad way back july 18,2018 is it still possible to use that record for winning over custody? also for not giving consistent support over to our child ? But I do have a partner right now and we are soon to be married will it affect my custody rights?
Jojo Chua, may I suggest that you refer to this related post:
http://pnl-law.com/blog/travel-clearance-required-travel-of-minors-abroad/
lasf, I believe the asnwer is stated in the previous comments. Good luck and God bless. May I also refer you to this post:
http://pnl-law.com/blog/travel-clearance-required-travel-of-minors-abroad/
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Please help. My question is, does this paragraph “If older than seven years of age, a child is allowed to state his preference, but the court is not bound by that choice.” from the article above also cover illegitimate children? My colleague is not married to her ex-boyfriend, and while she’s been advised by her lawyer that she’ll likely have custody of the child (6 years old), my curiosity begs for answers to the question, what if the child is 7 years old? And what if the child concerned is an illegitimate child, i.e. my colleague and her boyfriend were not married.
i have a son with my girlfriend. when lived in together (not married) with our son. When our son reached 6months. my girlfriend went abroad. she hasn’t come back for almost 3yrs since then.
Does that mean she is legally deprived for the custody of our son?
Does that categorically means abandonment?
i have a son with my girlfriend. we lived in together (not married) with our son. When our son reached 6months. my girlfriend went abroad. she hasn’t come back for almost 3yrs since then.
Does that mean she is legally deprived for the custody of our son?
Does that categorically means abandonment?
My brother has a daughter and had been separated with his wife three years ago. the child is only 6 years old and was left by my sister-in-law to our mother since the baby was only 1 month old. The mother was sending money (P1,000-3,000 not every month) if she has money for her child. Now she wants to get her daughter from my brother who is with my mother. Does my brother has the right for custody to his child? My sister-in-law allegedly has another family and she has a child already with the other man. What action will my brother do? If he hides his daughter from the mother, will he not be legally liable for any laws? Thank you.
i am a filipina and I have 2 year old daughter from an Italian father… we were never married but he acknowledged our daughter in her birth certificate…i left him after 3 years of living-in because he was still courting other girls…
Lately i have found another man (a foreigner) who would willingly marry me and even adopt my daughter…my problem is the father wants the custody of our baby… am i deprived of my right as the mother? he is consulting a lawyer about this… has he the authority to withhold our travel (my daughter and I) abroad after my marriage?
my relationship wt my american bf has been on and off for nearly 12 yrs, we have our house in philippines and living in together with our children ( age 7 and 4 now ) but he is base in singapore for a work. Our children carries his name.We are both single. Are we considered common law couple even we live seperately due to work?
GOD BLESS!
venace
Good afternoon. My husband and i separated, i got pregnant by another man. I know i have made mistakes. The separation went well but it changed when he took my son to his province without my permission. Now he is depriving me of my son and im desperate and am totally devastated. I wanted to fight for my right since he is only 3 years old. do i have a chance?
Simple….you abuse….(and their is evidence…sound..video….lots of witnesses)…….you go to jail and ROT or die .
If the wife or kids is being a bitch and disobediant…which I’ve met and seen and known a few on occasion…..2% of men are abused by women…..yes it happens.
98% or 2%……NO ONE is right to abuse mentally, verbally, or physically.
regardless of race, sex, age, skin color, education, age…
Abuse out of ignorance, anger, foolishness, selfishness, greed, frustration, jealousy, arrogance, lyers, anti-truth, corrupt, etc… whatever…
from anyone towards anyone…is wrong.
NO one is exempt…not the pope, your priest, the president….your dad, your mother, YOU, a child, a wife, a father, a boss….
No one…
and don’t argue someone has the right to ABUSE someone.
abuse is abuse.
that goes for any of you on here.
OWN UP FOR YOUR DAMN MISTAKES NOW.
Does a stepmother have the right for custody on her husband’s biological son in case of his death or mental insanity?
i have a brother who have a twin son.but the mother of this baby is married to another guy.i want to know what is our chance and right to give us the custody of this children.
Hi, I am a mother of a two year old boy, my husband and I separated just a month ago. My son is in my custody. But, we are having trouble and almost a fight on arrangements to the child. I just want to know, who should be the one to be deciding when it comes to our child? “The law categorically provides that no child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise (Article 213, Family Code).” – does this law apply to married but separated couples? like us?
And am I the one who has the right to decide because my son is with me and that I am the one providing for his everyday needs?
gud day atty!
i’m married with 5 kids. hiniwalan ko po ang asawa ko dahil nananakit, ngwawala kung di ko pinagbibigyana ng gusto nya…may mga medico legal to prove and blotters as well.
i took all five kids, dahil alam ko di cla aasikasuhin ng tatay nila. at ayaw ng mga bata sa tatay nila.
pero when i was at work he took the kids and i have no idea where.
he’s texting me accusing me na i’m having an affair with my neighbor.
sabi nya mga kids ko daw ang witness nya. wherein alam nila na ngmamalasakit lng ung tao sa amin dahil sa situation namin.
i want to know kung pwede nya ba gawing grounds un para ideprive ako from my kids?
and i need advise on how i can get custody since maliliit pa mga anak ko.
he took the kids out of anger,,,kasi ayaw ko na bumalik sa knya.
and he’s been texting me childish things na sobrang non-sense and para syang nababaliw
sabi daw ilalayo nya at he make sure a di ko na makikita mga kids ko.
sabi ng pamankin nya nglalakad daw ng visa at kasama mga kids mgabroad…di ba kelanagn ng consent ko?
pls help me get my kids back and how to process this kind of situation legally
thank you in advance.
atty fred,
hi. i left my husband and took all 5 kids with me because of neglegence and he was abusive.
i have documents like blotter and medico legal to prove this.
then after 2 months he asked me to go out with the kids because he wanted to see them and buy them toys whatever.
so i said ok. since i was in the office that time, i said to my kids that their father will fetch them and i will go with them after work.
6pm i was out of the office and went to our meeting place. they were not there. i called him and he said that i will never see them again.
it’s been two weeks and he started texting me. he is accusing me that i’m having an affair with my neighbor which is not true.
the kids said that they saw me kissing the guy and having sex in front of them. which i know my kids will never say such things.
and he will file a case against me about this.
pls help me. i want to know what steps should i take to get my kids back.
aaron 12
bimi 10
naomi 7
hermione 3
and my eldest is with me.
will a mother can ask for support from the father of her daughter even if they are not married? even if she’s having a relationship with another man and the father of his daughter found out about it. now they are separated… is there a law stating the amount of which the father will give to his daughter?
i have an issue with my wife,we are filing a case for annulment. Bot of us have been cheating on each other. i always supported my wife and her 2 kids from a different relationship and we have a son of our own. Now she is finding a new bf on the internet and wants to bring our son abroad. she don’t even know the man. Can i file a case so i can have custody over our son who is only 18 months old? i am a foreigner with a good job and many means to provide for my son..
I’m a mother of two. My eldest daughter is 3yrs old and youngest daughter is 11months old. My marriage is falling apart. My husband filled an annulment. As per the papers handed to me by his lawyers, as soon as they found out that I have a boyfriend my husband will get full custody of the kids. Do I have a counter for this? What are the things I need to ask (like a list) of things I need to consider for present and future support for the kids? I don’t have any clue of what are the things I need to ask as a support. I don’t earn that much compare to him who earns much much bigger than I, do I have a right to asked for financial assistance for utilities and groceries? How yaya? I need to work and I don’t have family here in manila. Should I demand for a yaya for the kids knowing that he is so capable of providing one?
isa po akong ama na humihingi ng tulong sa inyo,sa ngayon po wala akong trabaho.. iniwan po ako ng asawa ko kasama ang anak ko na 1yr & 8mths old. kasal po kme pero meron po siyang unang anak sa ibang lalake at hndi sila kasal.inabandona nya na din po yung una nyang anak sa iba. pinagdadamot nya po sakin ang bata, ayaw nya ipakita dahil daw po kulang ang binibigay kong sustento. Ngayon po nalaman ko na meron po siyang ibang lalaki kaya po pala ayaw niyang sabihin kung saan sila lumipat ng tirahan ng anak ko. kasama nya din po sa apartment yung lalaki.pinapalabas po nila na anak nila ang bata,dun din po nya iniiwan ang bata imbes po sa akin na mas may karapatan pag nawawala sya ng ilang araw sa trabaho. pwede po ba siyang matanggalan ng custody sa bata dahil sa gingawa nya at ako po ba ay mawawalan ng custody sa bata sa dahilan na wala akong trabaho?
spsponi am a filipina and i have two kids with my bf but we were never married. i fell in love with someone else cause he was always busy playing games like dota. he never had time with us,. then he found out about the guys whom i like. he saw our conversations then he printed them and he said that it would be his evidence when we filed the case in the court, does it mean that i cant take responsibility with my kids. im only 19 and i dont know what to do. even her mom told me that once they show their evidence to the court i cant see my kids anymore. please help me 🙁
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i need help i am married in islam and converted to islam and we have a daughter. in the first place of our marriage is not working because he work abroad and never contact me at all but my mother in law always there to support and send money..my problem is i run away with my baby and the father wants to get my baby for me but he marry another girl..and never consult me for that now he’s filling some case that the child custody. and file some case against me. do i have the right in this case?
I had a daughter that turned 5 this august..she is living with my parents in the Philippines and I am currently working abroad…my husband is working in Manila and sending 2000-5000 pesos every month to my parents for our child’s expenses…last 2 years ago he went to hongkong for work and stayed there for less than 5 months and got terminated from job..with that less than 5 months period he got N affair with other woman…and blamed it on me bec I’m abroad…them as he went back home I discover that he had a new affair and he even put they’re picture together on his viber account…and now after all of this cheatings… I decided to move on and have a relationship with another guy…and my husband told me that he wants out child’s custody…to whom our daughter’s custody will gonna be??can I still have May child’s full custody through May parents because I’m abroad right now?
I have a live in partner with two daughters. the eldest is with her mom and the youngest is with us. they are both below 7 y/o. However, the mother did not give any custody even moral support to the kid that is with us.. but us, we provide the necessity of the kid that is with her. We just stop sending support because we are lack of money because we have a lot of expense, the kid with us has a nanny because we’re both working. Now, what we want is that since the mother is not working, we want to give her the kid that is with us, so that the elder daughter will be also supported. but the mother has a lot of alibi. she didn’t want to get the kid that is with us. Can we sue her for child abandonment and child neglect?and she even says that, she will only get the kid if we are giving them 10k/head/month.. (fyi: my live in partner and her is not married to demand.. ) can i sue her as well as child trafficking?please i need the response.. thanks.
Helo good day i have question..i have a friend who has 7 yer old daughter and the mother left her child when the child was 1yr old and left the custody to my friend’s mother,the mother went abroad and never supported the child,since my friend and the mother was not married because the girl was married and have 2kids.before..my friend supported their child because he was working abroad too..now for almost 4yrs of abundment of the mother she was now claiming to get her daughter back..my question is can the mother can claim back her daughter?..pls help thank u so much
Wife goes home a lot drunk in the morning after spending night after work. If she keeps this up i should split with her. She denies being alcoholic and yet does not call or go home early. I dont want my son left with her. Knowing she spends a lot of time after work drunk.
I am a father of a 2years old child. My wife and I decided to part ways. Now, I have a girlfriend. Will that deprive me of my rights over my child?
Atty, i am married now after my annulment be granted last Dec 2013. My problem is about my kids (9 and 6 yrs old). in the annulment, the custody was given to my ex wife but since 2011 only 3 or 4 times she contacted the kids who are in my mother side since. can i file abandonement and remove the custody sa kanya po? and how can we adopt my kids (i mean with my wife) kasi illegitimate po ba sila na?
i appreciate your reply.
we want to clear my kids documentation as we are planning to migrate to canada sooner..
sorry for my ignorance po sa law..
Best Regards,
VICTOR
I am a filipina with a 5 year old daughter her father is also a filipino but my daughter is not with me shes with her father where not married with the father of my daughter. I leave him because I found out that his flirting with other woman when I was abroad now I want to take my daughter and he dont want me to take my daughter please help me what should I do
Hi atty,
I rea?ly need help. My husband got a son from his past gf. This woman bring along the son to the Philippines. They never married before but the son born here in Malaysia and carry his surname. This woman always asked support from my husband to the point she assume that they are the real family of my husband. She cannot accept that my husband already married of me. And even asked my husband to come Philippines to marry her. She always asked my husband to send money, not even find any work in Philippines because she depend of my husband. But the worst is, she cannot take care properly of his son. Always get sick coz not enough food, bad shelter, etc, a lot of excuses. My husband already tired of her. Tired of her craziness. My husband want his son back. My husband can give him a good life here in Malaysia. Can he get custody of his son? What are the requirements? I’m also very tired of this woman and understanding the situation. pls help us atty what to do.
Mary, the issue of custody, especially a father trying to wrest custody from the mother, is a complicated matter. It’s always best that you discuss this matter with your lawyer. Good luck.
my sister, accused by her husband that she had an affair , but her husband dosnt have any proof, they have 1 child (below 6 yrs.old) , the child leave on her grandparents ( mother side) since birth, what will happen to this situation??
I have a relative who have 3 kids.the oldest lives with grandparents,the other 2 lives with thier parents but the mother have an affair with the cousin of her husband and its not the first time the mother done it,its her second time and its not a gossip because there are people whom she admits her affair.This mother also keep on telling her children not to go to a particular house and do not eat in there.She also provoking mess with the people within the neighborhood by posting slander things through facebook even though there is no name mention still her post obviously say who it is.and the husband dont do anything about this because he wants a complete family.
Is there any grounds to ask dswd help for the custody of the children by the relatives and what case can be file for this.
dear atty,
I’m a single father my child is with me..my child is only 2 yrs old..his mother abandoned him with his nanny for 2 months already..and with his abusive husband who treat my child badly..
I want to to know if I can get my child custody and if my wife can adopt my son legally?my wife wants my son to be her son in law.my son love her.
Please just an advice! Me and the mother of my child are seperated! My ex has a large family and they have a below average income.i am afraid that the child support that I am giving is not fully going to my daughter! Can I file for custody? My ex is unemployed and no infidelity has occurred! Hope I recieve an answer any advice or answer to my question is appreciated
i am a mother with a 4 year old child… if i will take my daughter ,, can his father file a case against me immediately? we are not married too …
me and my huband totally finished our communication after being here for 1 year in UAE and now started to go out with friends and he assumed that i had someone else as i am with my group of guy frineds that’s why he doesn’t want to sign for the processing of my daughters papers to visit here in UAE this December as he again assumed that i would run away with her and hid her from him. I asked him if i could borrow her here for few days and giving the full custody of her soon once we have enough resources but i demanded 30 days per year that i can have my daughter anywhere or even see her without his presence. Any case that i could file to have the rights to demand some days per year with my daugher for him to give me to allow me to visit my daughter here in UAE. Please help hope to hear from you soon
Hi Im hannah step mother to be of a 4 yr old child, Iam the one who do everything her mother should do. Her mother only takes her on weekends but not regularly sometimes after a month, and now because of jealosy she wanted to take away the child from us.. we are also the financial provider of the child. What case can we file against her or to take the custody of the child?
I was married and left my husband with my children how do i get my 8yr old daughter from him
Im the only breadwinner
Can i get my child custody even i in other country i lift them with there father sense 2010,and i heard the he lock them in if his in work?were not leaving for 5 years now and i don’t have plan to be with him again.is that enough reason to get my child custody ?thank you
Hi! i left my husband because he’s a paranoid and has an intellectual and psychological immaturity. He even went to my office to tell my office-mates that the reason i left him because i have an illicit relationship with one of my office-mates. We have a child and she’s 3 years old. Now, he decided to give support but in return i will let him “borrow” our child anytime he wants. Is his reason valid?
hi im xander, i do have a son to a minor age 15 and we have an agreement signed that im gonna take care of the baby until the baby becomes 6 years of ages, but then they change their mind after the baby give birth and they want me to sustain 15k a month, can they demand another agreement even if they failed to comply our first agreement? and do i still have the right to see my son?
I am a mother of two girls, and I am in the stage of leaving my husband for good. I Already have a problem with my husband since on our first child. Attitude problem and third party. I have no proof whatsoever except for wrong send messages, witnesses’ statements and attitude change towards our relationship.
Because of lock of financial budget to file an annulment, i wasn’t able to pursue this course. what option can you give me in order to make our separation at least legal? or at least both parties knew that we are separated? thank you.
My brother is married. His wife is having an affair with the married man who got her pregnant of her first child before they get married (the child was acknowledge by my brother as his own). Then, they had their own child who is just 3 years old. Both children, 5 and 3 years old are left with my brother. The mother chose to continue her affair with the married man. She is unemployed. But she said someone will support her. She is flirting with diffrent men thru text. She left hers sons to my brother to have the freedom she wants. Now, the mother would like to take the children from my brother’s care. What is my brother’s chance to get the custody of their 3 old son. I really doubt if she can take good care of her children. She is so inconsistent and impatient. whenever she is mad, she has the tendency to hurt the children, she also has vices of drinking and smoking, she also change her mind so abruptly. I am worried with the children’s welfare. When she is living with my brother, she just leave all the responsibility of taking care of the children with my brother. Can my brother file for child custody and how much do we need to spend?
Thank you so much!
Been married for 10 years, been physically and continuously verbally abused. I left my husband this year, my fault is I left having an affair with another man. He found out and that the cause he have my kids now. His reason is that I am having a relationship and it will not be good for our kids and I am not a good mother. I am currently employed, not living with anyone, I pay for their yaya and I always send groceries which the husband throws away every time they receive it. Is there a way I can get custody over them? Or even just a visitation rights?
Good day po,
Atty paano po my kapatid po kasi ako adopted po sya, yung mga magulang nya po parehong ayaw syang makilala, iaabort po sana sya nung mother nya pero sabi po ng mama ko na ituloy nalang nya at kami po ang kukuha at mag aaruga sa bata kasi nag iisang anak lng po ako pareho pong may asawa yung biological parents nya at ayaw po ipaalam n galing skanila yung bata kaya nirehistro po ng mama ko s pangalan nila ng step father ko … 5yrs old na po yung kapatid ko ngayon at ang mama at step father ko po ang kinilala nya talagang magulang, may tendency po ba na bawiin ng biological mother nya po yung kapatid ko.. wala po kasing naging kasulatan kapitbahay lng po nmin ung nanay at pamilyado,yung tatay nman po ng kpatid ko pamilyado rin at politician kaya ayaw po nila magpagawa noon ng any agreement kasi ayaw po tlga nila lumabas ang totoo kaya tinuring po ng mama ko n sakanila tlaga galing yung kapatid ko… may tendency po ba na bawiin po ng biological mom nya yung kapatid ko po
hi. i need your help. i just want to ask if i have a big chance of winning custody of my child who is going to 3 yrs of age. i had infidelity issues that creates issues in our marriage. is this a big issue that will cause me to lose over child custody?
his father took the child when i was at work without my consent and left him at their province and return back in our house.
Please reply. i need your help.
hello po?isa po akong filipina na nakatira ngayon sa US na naka pag -asawa ng foreigner …i have two kids na naiwan sa pilipinas 2015 po na nag hiwalay kami ng leave-in partner ko na ama ng dalawa kung anak na babae nag hiwalay kami at naiwan ang mga anak ko sa pangangala ng aking leave-in partner at nang aking mother in law habang ako ay nag tratrabaho para masuportahan ang aking mga anak ng ngayon po balak kng kunin ang aking mga anak para dito sila mag aral sa ibang bansa bago ako umalis ng pinas kinausap ko ang aking leave -in partner na sana maintindihan nya na dalhin ko ang aking mgaa anak para sa kanilang kinabukasan pero di pumayag at pinag bantaan niya ang aking buhay at ang buhay ng akingg pamilya na naiwan sa pinas..Gusto kopong malaman kng saan nararapat ang custody ng mga bata na babae sa ina o sa ama…maraming sa salamat po god bless
What about the infidelity of the mother leads to a another pregnancy, is the father can fight for the custody of his child even tho the child’s age is below 7 years old?
*chance to fight for the custody* sorry for the grammar mistake
Good day! I have a concern. I separated my husband 5months ago, 4days after I arrived from abroad because he found out that I was being unfaithful with him. We are living with his parents for almost 10years. When he found out regarding the said issue, he and his parents (dad to be specific) had me moved out of their house leaving my 3children with them though I said to them that I will leave my children in their custody because they are the ones who are more sufficient on all matters like house and finance. We had an agreement and signed papers but not legal papers or documents, just a writen agreement that I am going to leave my husband with my children but will be able to visit them, just visit my children. But one day after a month and a half, I tried to visit to see my children but my mother-in-law almost doesn’t want my children to go and see me, nor to have a kiss or hug with them.
If the time comes that I am already stable, materially and financially, will I be able to get my children? Or even just a joint custody where I can have my children go out and stay with me for vacation?
how about the children taken by the father at the ages of 5 and 3 years old even the mother taking a good care of her children
What if the mother and father of the baby wants to separate from their family who can takecare of the baby the mother and father of the baby or the parent of my wife..
Were not married yet.
What of the the illegitimate child uses her father surname…then tha mother has another illegitimate child from different person. Is the mother still on custody of the 1st child?
Hi Atty. Would like to ask is it possible for a husband to file an annulment case towards his wife?
same question i have here, how about the mother has another man and soon to be married and having a baby, does the mother’s MOM has the right to take care of the child?
What if the wife already have a paramour and is also unemployed. Would it be a ground for the husband to get the custody of the child?
Ask q lang po..naghiwlay po kmi ng asawa q last 2014 then iniwan q po sa knila ung anak dhil sa khilingan nila na sa knila tumira ung anak q dahil duon nag aaral.dahil auq po mcra ung pag aaral ng anak q pumayag po ako.pero gusto q po sana mkuha ung anak q at aq ang mag paaral para po maalagaan at msubaybayan q xa anu po dapat qmg gawin?
Sana po mtulungan nyo aq.sa ngaun po andto aq sa malaysia..2019 po balik q sa pinas balak q po pag uwi q n kunin po ung anak q..9 years ol n po xa sa 2019..may pag asa po ba aqng mpunta xa sa akin?
good day attorney! any ways, i have been not in good terms with my husband since i left to work abroad 4 years now.we fight a lot in regards with everyday expenses, school of our kid etc, and ive talked to him about his ability to provide atleast, or to have a plan so he can be better but then again all failed.ive made my decision that i dont want us to be together anymore.i want my marriage to be void, i want my fathers last name to be my surname.but we do communicate because of my son.my son is with my mom and i provide everything.can file for annulment? in what grounds?whats the first thing to do?
by the way, i do have a BF right and we both wanted to have a baby maybe maximun 5 years from now.i wanted to clear first my previous marriage and i wanted all to be in cleared.i dont want problem in the future if ill get pregnant and i want the custody of my 1st child.help me out please thank you so much.
Good day…
Good day sir…
I would like to ask how can i have custody of my daughter, Her mother and I are not married but i am the father i also signed the birth certificate..
Her mother now works in SAUDI, ever since she left i was partly the one who takes care of our daughter, financial, health and etc., i really love my daughter to the extend that i over react when it comes to my daughters needs which i really want to provide, and last year december her mother came home for vacation and I caught her having an affair to a PAKISTAN GUY because she left her mobile phone and since I am in doubt i checked it and I saw there conversations and all, i tried to ignore it, but then i have decided to move on with my life…
after a month she left again and worked…
I dont want to take away our daughter to her or to her family i just want my daughter to be with me at least during the weekend, to be with her mean the world to me… I was the one who was always with her, when shes sick or even at the hospital AND NOW her family is trying to take her away from me, they wont allow me to take my daughter out for bonding or even stay with me at home, while on the past she used to stay with me for more than a month or so, now that i have moved on they said i cannot go there, just send money for my daughter’s need through PALAWAN…
All i want sir/maam is to be with my daughter at least a few days in a month…
i ahve work during the weekdays so at least during the weekend should be fine…
please sir/maam? any advice?
my partner and i are in relationship she is a lesbian and have 2 kids i just want to ask.her prenta dwcided to lether 1 child be adopted by there relative now we want to get rhw child do we have to file a case againts his parents and relative if ever they insist rhe right for the child?and the custody of the child my partner and i are working now can we still get our son back?do we still have to negotiate our parents since oir relative are insisting that our parents have the right to decide for our son
In our situation how can we get the custody of my brother’s son. He passed away 7 months ago due to suicide because he doesn’t take anymore the attitude of her live in partner. The girl got into two affair while in a relationship with him. She didnt also taking care the baby. The baby is malnourished and she always leave it alone with her mother w/c also dont even take care. She’s dependent with her mom and all she does is dating and chatting? Do we have a chance for the custody of the child?
my brother and her ex has been seperated for 3 years and the mother worked abroad for 1 year during the time that she’s there she didn’t support her child finally she didn’t even care about his son.. So as the time goes on she went back to the philippines but during that time she never visit nor see his son coz she has new affair with another man.. One day she came she forces her son to go with her without the permission of the father who took care of the child.. can this be a ground to make the custody will be grant on his father?
Hi Atty. Me and my husband separated since jan. of 2013 after i caught him in the act with our son’s baby sitter then me and 3 kids went back to my province in 2014, and then he never financially supported the kids for almost 4 years even I’ve been asking for help when kids were sick. Did not visit the kids too until now,did not communicate with us. I heard from his parents that he has been having affair to different women in mindoro and live in partner but separated because of his gambling habit.
Then dec. of 2018 he went abroad again with the help of his brother and they contacted me to inform me so i can ask for financial support for my kids. He did started giving at least 10k but always delayed and sometimes 2 mos or 1 mo no support .
Since our 1st born is going to college i need to pursue him to give regularly and on time so i know how to budget our finances. I told him that if he is not going to fix his financial responsibility i will ask legal action. He got mad and threatened me that since i have a boyfriend now, he claimed that he has the right to get the kids from me when he came home this december. Can he really do that? After just giving support for about 1 1/2 years and just because i have a boyfriend? How about those years that he did not support? And those times he has been having an affair? And he is not even giving half of his salary because we believe he still has a girlfriend too. Can he possibly take my kids from me? They are age 17,13 and 8
Dear Atty. Fred,
is it right that we can’t file against the custody of my niece 5y/old? Here’s a brief story.my sister-in-law admitted that she committed adultery ,she got pregnant. My brother is working here in abroad and due that he is coming back in Philippines for vacation my sister-in-law aborted the child.We want to get our niece from her.Please advise.
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My brother and his live in partner separated their child is 2 years old, is it possible that my brother can have the custody of the child since the mother has no job and no permanent house. If they demand for a financial assistance to my brother how much is the rightful amount to give to the child? Thank u
Hi Mich. As to the amount, there is no exact formula or percentage. It depends on the needs of the child and the capacity of the parent. As to custody, the mother of an illegitimate child has custody. Read this related post: https://pnl-law.com/blog/child-custody-of-the-father-and-mother-visitation-rights-in-the-philippines/
Hi, I would like to seek answer. I had a husband and we were separated for almost 4years now. Though not legally, we had a agreement in the Baranggay that we would no longer care regarding our personal lives and that whatever there is to talk about it will onky be with our daughter’s welfare only. We even had an agreement on how to share time with our daughter. Like my daughter will stay with me during the weekdays, and on weekends with her dad. Soon i met my boyfriend, we live in together with my daughter, it was fine no problem at that time until i got pregnant with my second baby. Now the father of my eldest took my child and threatened me to file a case because I got pregnant. I want my child to be with me, cause I know her dad cannot take care of her properly. But I am scared because I dont want my new baby to be affected with this matter if my ex decides to file a case on me.
I have a question. My husband has an ex-girlfriend and they had a daughter turning 5yrs old this December. The mother of their daughter went to Dubai to work when the daughter is only 3yrs old and left the child to my husband. Then my husband found out that his ex-girlfriend has a boyfriend already in Dubai while still she and my husband is still in a relationship and she doesn’t give any support to the child while she was in Dubai. After 1 yr and a half the mother came back to the Philippines to get the child to my husband and had an agreement in the nearest barangay where my husband lives that the mother of the child should gave back the child to my husband when she will return to Dubai. The mother of the child didn’t gave back the child to my husband even she leave the Philippines already and left the child to her father, the grandfather of the child. My husband has no communication to the child while the mother of the child was in Dubai. After how many months, the mother came back in the Philippines and asking for the support of my husband since she told my husband that she has no work because of the pandemic. She is obligating my husband to support the child for 6,000 pesos every month . My husband just sent a package to the child for the basic needs. The child and the mother is at the province while my husband is here at metro manila. The child is asking her mother and the parents of her mother, the grand parents of the child if she can go to her father’s parents, grandparents of the child of my husband side. After that, also my husband ask if the child can see her grandparents on his side but the mother of the child refuses because the child has school and she told my husband that the child cannot see the the mother of my husband and my husband only can visit their daughter. After that, the mother doesn’t answer to all the messages and calls of my husband because my husband wants to talk to the child. My husband wanted to know what he can do on this situation.
Hello Sir
Please help us. I have a niece (2 years old) with my brother and his partner unwed. The mother left and went to Manila and now is living with another man but not disclosing it with us. My brother and my family are the one who took care of the child and giving the full support since baby but we never deprived her of seeing and being with the baby. But now she wanted to take the baby with her to Manila to live with her new live in partner. Please kindly advise us what to do.