Custody and Rights of Children When a Parent Works Abroad

Query: Kung ang mama ay mag-aabroad, puwede pa rin bang sa kanya ang custody at rights ng mga bata?

Legal Framework for Child Custody in the Philippines

Child custody and parental rights in the Philippines are governed by several laws, primarily the Family Code of the Philippines (Executive Order No. 209) and the Child and Youth Welfare Code (Presidential Decree No. 603). These laws ensure that the best interests of the child are prioritized in all matters related to custody.

Custody Rights of Parents

1. Parental Authority:

   • Both parents jointly exercise parental authority over their children. This authority includes the right to make decisions about the child’s welfare, education, and overall well-being.

2. Mother’s Custody Rights:

   • Under Article 213 of the Family Code, “No child under seven years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise.” This emphasizes the importance of the mother’s role, particularly for young children.

Impact of a Parent Working Abroad

1. Retention of Custody and Parental Rights:

   • A parent working abroad does not automatically lose custody or parental rights. Custody arrangements can be maintained, and parental authority can still be exercised, often through communication and decision-making from abroad.

2. Practical Considerations:

   • While the mother is abroad, practical custody (physical custody) might be temporarily transferred to a trusted family member, usually the other parent or a close relative, to ensure the child's daily needs are met.

3. Legal Arrangements:

   • It is advisable to formalize temporary custody arrangements through legal documents such as a Special Power of Attorney (SPA), which allows the designated guardian to make decisions on behalf of the child in the absence of the parent.

Court Intervention and Custody Decisions

1. Best Interests of the Child:

   • Courts always prioritize the best interests of the child when making custody decisions. If the child's welfare is better served by being with a parent or guardian in the Philippines, the court may decide accordingly.

2. Petition for Sole Custody:

   • In certain situations, the remaining parent or guardian can file a petition for sole custody if it is deemed that the child's best interests are not being met under the current arrangement. The court will review the case and make a decision based on the evidence presented.

3. Modification of Custody Arrangements:

   • Custody arrangements can be modified if circumstances change. For example, if the mother returns from abroad and wishes to reassume physical custody, she can file a petition to modify the existing custody order.

Conclusion

In summary, a mother working abroad does not lose custody or parental rights over her children. Legal provisions allow for temporary arrangements to ensure the child's well-being while the mother is away. It is essential to formalize these arrangements to maintain stability and continuity in the child’s life. Courts will always consider the best interests of the child in making any custody-related decisions.