Query: Is there a law against not allowing a father to be with his child aged 18 years old or younger even though he provides support?
In the Philippines, the law provides specific protections and rights to both parents and children in the context of custody and parental access, even when one parent is an Overseas Filipino Worker (OFW). The Family Code of the Philippines governs parental authority and the rights associated with it.
Key Points on Parental Authority and Custody:
Parental Authority: Both parents have equal parental rights over their children unless legally restricted. This authority includes caring for, maintaining, and educating the child, which continues until the child reaches the age of majority (18 years).
Child Custody: In cases where parents are separated or not living together, the child under seven years of age is presumed to be better off with the mother, unless there is a compelling reason otherwise. For children over seven years old, their preference may be considered by the court in deciding custody, provided it is in the best interest of the child.
Providing Support: The obligation to provide support is independent of the right to have custody or access to the child. Thus, a father, whether an OFW or not, must continue to support financially, which does not automatically grant or deny custody rights.
Access and Visitation: If there is no court order to the contrary, a non-custodial parent has the right to reasonable access or visitation to their child. This arrangement can be formally agreed upon between the parents or, failing agreement, may be decided by the court.
Legal Steps for Addressing Custody Issues:
Legal Advice: It is advisable for any parent facing restrictions on access to their children to seek legal advice. A lawyer can provide guidance based on the specifics of the case and help in filing a petition for custody or access rights if necessary.
Mediation: Before taking legal action, mediation through the barangay or family courts can be a constructive first step. This approach encourages parents to come to an agreement that prioritizes the welfare of the child.
Filing a Petition: If mediation fails, the parent can file a petition in the Family Court to request custody or enforce visitation rights. The court considers all aspects, including the welfare of the child, the situation of both parents, and any evidence of abuse or incapacity.
Considerations for OFW Parents:
Challenges for OFWs: OFWs may face additional challenges in asserting their custody rights due to their physical absence. However, they retain legal rights over their children and can seek judicial remedies like any other parent.
Legal Representation: OFWs can authorize a legal representative to act on their behalf in custody proceedings in the Philippines while they are abroad.
Conclusion:
Being an OFW does not deprive a parent of their rights to their children under Philippine law. However, exercising these rights, particularly in cases involving custody and access, often requires legal intervention to ensure that the rights and welfare of the child and the parent are both protected.