Legal Question in Family Law in Philippines
child custody!!!
Im an OFW, i have 2 kids(11,7), i want to sponsor them here, but my husband doesnt want to give our kids to me. Is it possible for me to file a custody eventhough im not in the philippines, and only my parents, as a guardian. What is the best thing i should do about this? anyway my ex-husband doesnt have work and he's a drug addict..thanks in advance...
2 Answers from Attorneys
Re: child custody!!!
Custody of child below 7 is given to the mother. Child above 7 is allowed to choose but the other spouse not chose would be given visitorial rights. Thanks.
Re: child custody!!!
Yes, you can file for custody even if you are not here in the country initially. But at some point, you may have to be here to testify and to show the court that you are ready to assume custody of the children. Since, your children are 1 and 7 years old respectively, you as the mother are legally given the primary custody of the children. A recent law even gives you the right to ask for protective custody because of the drug addiction and irresponsibility of your husband. Better yet, why not file for annulment of your marriage and include the custody issue in the petition? By the way, where are you now??This may be important in determining some technicalities having to do with the international abduction treaties in effect in some countries.
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