Custody and Adultery

Title: "Seeking Custody of Children and Pursuing Adultery Charges in the Philippines"

Question: A concerned parent wishes to gain custody of their two children, aged 14 and 7, from their spouse who has a new family and two additional children. They are still married. What legal steps should be taken, including the possibility of filing an adultery case?

Answer:

1. Understanding Child Custody:

   • Best Interests of the Child: The primary consideration in child custody cases in the Philippines is the best interests of the child. Courts will look at factors such as the child's age, the parent's ability to provide, and the overall well-being of the child.
   • Current Law on Custody: Under Philippine law, a child under seven years of age shall not be separated from the mother unless the court finds compelling reasons to do so. For the older child, the court will consider various factors in awarding custody.

2. Filing for Child Custody:

   • Legal Counsel: Consulting a lawyer who specializes in family law can provide guidance tailored to your specific situation.
   • Filing a Petition: A petition for custody should be filed in the Family Court. This may include gathering evidence to demonstrate why it would be in the child's best interest for you to have custody.

3. Considering Adultery Charges:

   • Adultery as a Ground: Adultery can be pursued as a criminal charge in the Philippines. However, it must be handled carefully as it requires strong evidence.
   • Legal Implications: Filing an adultery case could have implications on the child custody case. Discussing this with your legal counsel can help you understand the best course of action.

4. Alternative Dispute Resolution:

   • Mediation: Consider mediation as an option to reach an agreement regarding child custody without going to court. This can be a less adversarial process.

5. Support and Alimony:

   • Child Support: Along with the custody, the court may also decide on child support arrangements.
   • Spousal Support: If you decide to pursue annulment or legal separation, alimony might be a consideration as well.

6. Other Legal Actions:

   • Legal Separation or Annulment: Depending on your circumstances and objectives, you may also explore filing for legal separation or annulment.

7. Importance of Legal Counsel:

   • Specific Guidance: Due to the complexity of child custody and adultery cases, working with a lawyer who is well-versed in Philippine family law is crucial to ensure that your rights and the best interests of your children are upheld.

In conclusion, seeking custody of children and potentially filing an adultery case are serious legal matters that require careful consideration and expert guidance. Consulting with a family law attorney in the Philippines can provide personalized advice and assistance tailored to your unique situation.