Legal Question in Family Law in Philippines

i have a kid who is 6yrs old. he lives with me and i sent him to school for 3 years now. i do all the nanny, tutor and taking/fetching him from school.

we dont live with his mother 5 days/schooldays with me and weekends with his mother.

Sad thing is if the child is in his mothers house he is mentally abused by saying "i hope you and your dad is dead", "forget your dad" and everytime time the child comes home to me he is kind of confused and dont want to talk to me or study his lessons.

but after a few days he will be back to his mind and starts talking to me. i had consulted a psychologist and have the results with me.

one time the chikd was in the mothers house and wasnt taken good care and the next day the kid was hospitalized. the kid was confined for 4 days. when i was about to take the child, the mother resisted and never let the child communicate with me. so i filed a case for parental custody. She countered RA 9262 and able to get a TPO/PPO and they took the child from the school with no formal turn over. Including in the parameters of the TPO/PPO that i will communicate nor be near them by 200m radius and 8000 monthly allowance.

in my part this such a mess, the mother is only using the kid a leverage to make money.

is there any law that protects the father???

how will i get my child back???

how will i oppose the TPO/PPO action???


Asked on 10/04/11, 7:49 pm

1 Answer from Attorneys

VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

File a petition for habeas corpus and child custody. Your ground is that the existence of compelling reason to deprive the mother of the custody.

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Answered on 10/08/11, 6:07 am


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