Legal Question in Family Law in Philippines
To whom is the custody of my son when I work abroad?
The father of my son has a lived-in partner and had 2 sons with her. After giving birht to my son, I've never received support from him. He's acting like he is not the father of my son eventhough he agreed to used his surname by my son. Right now I am starting on my own, and work for my son and scheduled to be assigned abroad next year. My fear is that when the father of my son got to know that I was abroad he will take my son from my parents. Does he have the grounds to do that?
2 Answers from Attorneys
Re: To whom is the custody of my son when I work abroad?
You did not clarify whether you are legally married to the father of your son. In case your son is an illegitimate child then parental authority and custody belongs to you.And if the child is below 7 years old then custody belongs to the mother. However, you cannot prevent his father from seeking custody in court. But it is another thing if the case will prosper. After all the best interest of the child is the consideration in child custody.In the meantime, if you are abroad you can have your child be taken cared of by your parents.
Re: To whom is the custody of my son when I work abroad?
Child below 7 years old should be in the custody of the mother. The fact alone that you are abroad do not entitile your husband to have the child. However, he can excercise visitorial rights.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
