Legal Question in Family Law in Philippines
Child custody
i got separated from my husband for two months now, currently i am now looking fo a job because they threatens me that they will get my children from me. my eldest is two years old and the youngest just turn one. Can they get my child.. ?are my childred entitled for a child support from their dad?
2 Answers from Attorneys
Re: Child custody
Child below 7 years old shall be in the custody of the mother subject to visitorial rights only of the father. YEs, they are entitled to support from their father. Thanks
Re: Child custody
Under the Family Code, the custody ofa child below 7 years old belongs to the mother. Thus, they cannot take them away from you. Unless, they can prove that you are unfit to have the custody and care of your minor children. The best interest of the child is the consideration of awarding child custody in case custody is being contested.
Yes, they are entitled to child support from your husband.Even you are entitled to support. To compel your husband from supporting you and your children you can initiate a criminal complaint for violation of the law involving Violence Against Women and their Children. This is because if your husband is not supporting you he is in effect committing an economic violence.