Legal Question in Family Law in Philippines

My chances of child custody

I have seven year old child and planning to nullify my marriage next year. My son has been living with his father for the last four years while i had been working in abroad. I had provided living allowances for my son and tuition fees (but my husband can deny this). Anyway, i had been hoping for years that he would change his mind and be more civil in who is getting custody of my son without resulting in going to a court. I have been afraid for years that he would do something bad to me and my family if i try to get my son by force. So i tried talking to him everytime i go home in the philippines, in which he refuses to discuss. He is threatening me that he will file child abandonment against me, which is not true. I see, and call my son and had financially supported him. I felt that this matter couldnt be agreed upon civilly among ourselves. What are my chances if i nullify my marriage and fight for child custody. I am living and working in the united kingdom at present. thanks


Asked on 11/04/06, 8:10 am

1 Answer from Attorneys
Reynaldo Destura Destura & Associates Law Offices

Re: My chances of child custody

There is a law in the Philippines that requires custody of child in favor of mother if the child is less than 7 years old. Above 7, the child would be allow to choose who to stay to. But the other parent who would be awarded custody would be entitled to visitorial rights. Abandonement of the child is a violation of the child and youth welfare code. But she has to show proof that there was an actual abdonement in terms of your responsibility. If you can show proof of actual support, then you can avade liability. Thanks

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Answered on 11/07/06, 3:38 am


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