Legal Question in Family Law in Philippines

To Whom It May Concern,

Good Day!

I am married for more than 5 years with a 5 year old son. I saw your website online and I just want to seek your advice regarding my problem. My son is living with his father and he has no job and I am supporting them and sending money every month without fail since I am working abroad. I had no choice to work abroad because I am fully orphaned, my father and mother both died few years ago and I had to support my sister's education and my son as well. I must confess also that he is hurting me physically and emotionally since we got married. And my marriage is a failure, I tried to keep this for a long time because I am hoping that we can settle it and he promised to look for a job. And plus the fact that I don't have parents anymore to talk to and to confide to. But everything is hopeless, I've given him alot of chance already and now I decided to get my son from his custody since he's not able to support my son financially. I want to ask about what system or legal advice you can give me. Last year, when I had my vacation I told him that I am not happy anymore with our marriage and I want out! I pity myself as well cause i don't deserve to be treated like that that he should be the one working. Instead he just hurt me physically and emotionally cause he don't agree with the separation.And my sister and my brother witnessed that argument and we really fought! He threatened me to kill me if I will live him and I am worried with my son. My son prefer to be with him since they are together all the time while I am working abroad. I left my son when he was more than 1 year old. My aunt, my sister and my friends advice me to left him that is why I sought to consult a lawyer's advice on what to do.Can you please enlighten my mind and can you give me advice or steps to take for my problem? I am looking forward for your help.


Asked on 4/19/11, 11:07 am

1 Answer from Attorneys
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

If there is no hope for your you can resort to filing a petition to declare it null and void under Art. 36 of the Family Code. In the said petition, you can ask the court for the child's custody and a protection order if there is immediate danger to your life. If your child is below 7 years old you can invoke the maternal preference rule (which means that a child below 7 years of age cannot be separated from the mother). Or file a criminal case for violation of RA 9262 known as Violence Against Women and their Children. The failure of your husband to provide for support is an economic violence and the threat he made can be considered as a psychological violence.

Read more
Answered on 5/08/11, 6:56 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Philippines