Legal Question in Family Law in Philippines

If your daughter is below 7 years old then she cannot be separated from the mother. This is known as the maternal preference rule. However, you have visitation rights. If your daughter is 7 years old above, then you can assert your custodial rights by filing a petition for habeas corpus (if you are being deprived of the lawful custody of your child) and child custody. It is the court who will decide to the best interest of the child to whom custody should be awarded.