Legal Question in Family Law in Philippines
Hi, I've been separated in fact for 3 years now. We have 2 kids. We separated because my husband had another girl. They're still on right now and he has introduced the girl to our kids. A year after we separated I also had my guy and i recently gave birth to our child but the guy & i never lived together in one house with my kids.My ex-husband learned about it just now and refuses to give me our 5yr old son. My son and daughter are with him because we share time with them, 4x a week with me and 3x a week with him.He's threatening to file a case against me.My question is can I still get my 5yr old son since he hasn't filed a case yet?What are my strong grounds to protect myself if he really does file a case against me because me & my guy had a child?I do hope you'd answer me... Thank u so much
1 Answer from Attorneys
He can certainly sue you for adultery.But you can sue him also for concubinage and violation of RA 9262.You cannot be deprived of your child who is below 7 years old.