Dear Attorney,
I am currently working abroad, and I left my children in the care of their father. However, after only a few weeks, my husband and I began to have serious marital issues due to his excessive jealousy and unfounded accusations. Things escalated to the point where he had an outburst in front of our children, which prompted my mother to take them into her care temporarily.
Unfortunately, the situation has worsened. My husband has refused to return my youngest child to my mother and is preventing me from speaking to the children until our issues are resolved. I am concerned for my children’s emotional well-being, as they are witnessing these conflicts.
I would like to know if it is possible for my mother to be granted custody of my two children, especially given the potential trauma they are experiencing due to these events. What legal steps should I take to ensure their safety and emotional stability?
Thank you.
—A Concerned Overseas Worker and Mother
Insights
In the Philippines, matters of child custody are primarily governed by the Family Code. Since you are currently abroad, your legal rights over your children remain intact despite the geographical distance. However, the court will always prioritize the best interests of the child when it comes to custody matters.
The situation you describe raises concerns about the emotional and psychological welfare of your children. The father’s erratic behavior, especially if done in front of the children, could be seen as detrimental to their well-being. In cases where one parent’s actions negatively affect the children, it is possible to seek legal remedies to transfer custody to a more stable guardian.
Given your absence and the current involvement of your mother, the law provides a framework under which you may petition the court to grant temporary custody or guardianship to your mother. This could be done on the grounds that your husband’s behavior is causing harm to the children, and their best interest would be served by staying with your mother in a stable environment.
The court typically requires proof of the father’s unsuitable behavior and the potential harm to the children, such as testimonies, reports from social workers, or any other evidence that could demonstrate the impact on the children. If the father is withholding access to your children, you may also seek assistance from the court to compel him to allow communication.
Additionally, while the father has rights to custody, if his behavior is abusive or poses a significant emotional risk to the children, the court may grant custody to your mother as their immediate guardian. Legal options like filing for a Protection Order under the Anti-Violence Against Women and Their Children Act (RA 9262) may also be applicable if there are indications of emotional abuse.
The best course of action is to consult with a family lawyer who can help you file the appropriate petitions for custody or guardianship and ensure that your children’s safety and emotional health are prioritized in this matter.