Legal Question in Family Law in Philippines
hi...
i just want to ask about my case.im working in manila and my wife is working in singapore.im planning to do a custody battle with my wife.because of the instance that she never supported the child financially even send some child support.although everytime she arrives i give her the child for a week until she leaves the country.but all the expenses are still being charge on my part.she never pays share hospital bill when she gave birth,never share baptismal fees,never shoulder expenses when buying basic needs of the child and immunization..i kept all receipts that i as father never missed any of those needs for my kid.and she said that i should give my son custody with my mother in laws because my wife has an illegitimate child and she wanted that the two kids should be bound together because she is the mother she have all the rights over our son.how would that happened i work here in manila and they want me to sent my son to bulacan to let my mother in law take care or my son i didnt allow that to happen because im the father and shes not here to dictate me.is it possible for me to win these case...especially that my wife inform me that she do the same thing to me the same thing that she did to her iligitimate daughter that her father did not have the chance to see her child.and she left the custody of her daughter on her mother instead on my end because were family already.i wont let that happen especially i did take care of my son for a year without financial suppport coming from her.is it possible for me to win this case.
1 Answer from Attorneys
There is a difference between parental authority over an illegitimate child and a legitimate child. As a general rule, if the child is illegitimate, the parental authority rests over the mother. If the child is legitimate, the parental authority is shared by both parents.
In this case, if you are legally married to the mother, then the child is legitimate. Consequently, both of you exercise parental authority over the child. One party cannot say that he/she would have more authority over the child.
If you need more legal advice, you can contact Ferrer & Associates Law Offices (Ferrer Law) at [email protected] or +632 9113370.