Legal Question in Family Law in Philippines
we're unmarried, we're living together last time. until my partner physically abused me. he was a drug-dependent and i have no idea that he was one when he started to change and showed symptoms of taking too much drug. i moved out and my son was left there with him, i was just visiting him time by time because i was studying. my partner stopped taking drugs after frequent incidents he did with me and unfortunately with our son. my son and i always got death threats that time. but he stopped taking drugs i think almost 2years already. my son is with me right now. he's been with me foe 4months already because i took him from his father. i just want to know my rights as a mother, my child's custody. i'm afraid that he'll get insane and take my son away from me or accuse me and make up stories about me against being a fit caretaker for our child. we're not married & our relationship doesnt work anymore since he started taking drugs and hurting me. i have a boyfriend now, could this affect me regarding my child's custody against the father of my child?
1 Answer from Attorneys
maternal preference rules requires that a child below 7 cannot be separated from the mother. Thus, custody belongs to you. Moreover, being illegitimate parental authority belongs to you and that includes custody.