Custody sa anak, parehong OFW ang magulang

anonymous
This person has chosen to hide his/her identity.

Pareho kami OFW at nagkahiwalay kami -kaninong side dapat mapunta ang custody ng mga minor kids (3 and 1 yr old) na nasa Pilipinas? May sarili kaming bahay na nabili malapit sa in-laws ko kaya doon nakatira ang mga bata, pero ngaung nagkahiwalay na kame-pinasundo ko na mga anak ko at tumira na sa mga magulang ko. Ano ang rights ng ama? ng mga byenan ko?

 

Reply as anonymous (Your real name and picture will not be seen)
Adelaimar C Arias-Jose
is a Legal expert in the Philippines
Alam mo, since Philippine laws do not provide for laws, there really aren't very many legal developments as far as visitation rights and custody are concerned. The Family Code provides na minor children below 7 years should be in the custody of the mother. Since you and your ex-husband are both working abroad, and the children are both here in the Philippines, our cultural practices have been recognized by the courts. We Filipinos usually leave our children with extended family. In your case, your children used to be with your parents-in-law and now they are with your parents.
Dapat, both sides of the family should have a relationship with the children kasi, even if parents divorce or separate from each other, they do not divorce or separate from their children.
So, if your in-laws ask to see the children, you will have to accede to the request. Liban na lamang kung ang isang relationship with the paternal grandparents are not in the best interests of the children.
Ibig sabihin, for example, kung ang mga in-laws mo ay drug dealers or may prostitution house or sila ay nananakit ng mga bata, ito ay makakasira sa kalusugang emosyonal ng mga bata. O kaya, kung pipilitin ng mga in-laws mo na kidnap-in ang mga anak mo or ilayo ang loob sa iyo, or siraan ka sa mga anak mo, puede kang mag-refuse. Iyin na nga lang, be ready na magalit sa iyo at ipa-barangay ka or idemanda ka.
May karapatan ba sila? Oo. Absolute ba ang karapatan nila? Hinde. Sana'y nakatulong ito sa iyo. Please consukt with a lawyer. When your kids see their grandparents, make sure they are accomoanied. Kung may takot ka, ipa-blotter sa pulis or barangay (Women's Desk) kasama ang pictures ng mga bata na latest. Pakuhanin ng selfie and mga bata kasama ang mga grandparents, etc.
anonymous
This person has chosen to hide his/her identity.
salamat po Atty

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
The medical information contained in this section is not intended for treatment or prescription. It is used to complement, not replace, the communication between a patient and their physician. Reliance on any information provided by BuhayOFW or any medical experts is solely at your own risk. If you have a medical emergency, call your doctor or go to the hospital immediately. BuhayOFW's Medical Review Board is a team of board-certified doctors who ensure our content is medically accurate and reflects the latest in health information. Our experienced board of medical professionals verify that our content is thorough and all-inclusive, in order that you can trust the information you read here will help you through improvements in your health journey—whether that’s for yourself or for a loved one.

Disclaimer: The materials available in the Buhay OFW web site are for informational purposes and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Buhay OFW and the user or browser.

If you are a legal expert who would like to help answer questions, please register here.