Legal Question in Family Law in Philippines

I would like to know you has the legal right of custody of a four and six years olds children, if the couples agrees to live separately with no legal processes, the wife is at fault, and what is the obligations of the father, if they agree that the children will stay with the mother (the mother insist that the children will stay with her since the children are still under the age of seven years old.

Thanks in advance for free legal advice.

Jose Luis


Asked on 11/16/10, 1:22 am

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

The maternal preference rule will apply. This means that a child below seven years old cannot be separated from the mother. Thus, the custody belongs to her. The father should give support to the mother and the child. However, if there is adultery and the wife is guilty she is no longer entitled to support.

Good luck to you.

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Answered on 11/16/10, 7:03 am


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