Query: Is there a law in the Philippines that prevents a seafaring parent who provides financial support from being with their child under 18 years old?

In the Philippines, parental rights and custody issues are governed by a combination of the Family Code and relevant jurisprudence. The law does not specifically restrict seafaring parents from being with their children, regardless of whether they are providing financial support. However, there are common misunderstandings about how parental rights and custody work, especially for parents who work away from home, such as seafarers.

Legal Framework on Parental Custody

Equal Parental Rights: Both parents, whether the mother or father, generally have equal rights to their child unless legally restricted. This applies regardless of the parents' occupation, including seafaring parents.
Child's Best Interest: The primary consideration in any custody issue is the child's best interest. This includes factors like the child’s age, the parent's ability to provide care, emotional ties between the parent and child, and the parent’s moral integrity.

Custody Arrangements for OFW Seafarers

Physical Custody: While seafarers are away, physical custody might naturally fall to the other parent or guardians. This does not mean the seafaring parent loses any legal rights or custody; it merely reflects a temporary arrangement based on practicality and the child’s immediate needs.
Legal Custody: Legal custody involves making major decisions about the child’s life, such as education, health care, and religious upbringing. Seafarers maintain this right unless a court decides otherwise.

Access and Visitation Rights

Regular Communication: Seafarers should ensure regular communication with their child through available means, which courts view favorably when considering custody and visitation arrangements.
Scheduled Visitation: Upon returning from sea, a seafaring parent has the right to spend time with their child. If disputes arise, these should be formally arranged through a court or Barangay mediation to establish a visitation schedule that considers the parent's work patterns.

Legal Recourse for Denied Access

Mediation and Legal Action: If a seafaring parent faces unreasonable denial of access to their child, they may seek mediation through the Barangay or file for a court order to enforce their visitation rights. Courts typically encourage mediation before resorting to legal proceedings.

Preventive Measures

Written Agreements: Before departure, it is advisable for seafaring parents to enter into written agreements with the other parent outlining custody and visitation arrangements. This can help prevent misunderstandings and provide clear expectations.

Conclusion No Philippine law categorically prevents seafarers who are overseas Filipino workers (OFWs) from being with their children, provided they have not been legally restricted due to other reasons. Seafaring parents are encouraged to maintain strong, supportive relationships with their children through consistent communication and by legally formalizing any custody and visitation arrangements. This approach not only supports the seafarer's parental rights but also serves the best interest of the child by ensuring they have a relationship with both parents.