Question:

I separated from my husband, and he has custody of our children aged 11 and 2 years old. We separated because I have a boyfriend, and I'm pregnant. I know I may face an adultery charge if my husband files a case. What can I do to get custody of my children?

Answer:

Adultery and Its Consequences

In the Philippines, adultery is a crime under Article 333 of the Revised Penal Code. If proven, it can lead to imprisonment. An adultery charge might also affect your moral standing in child custody cases, as courts consider the best interests of the child.

Filing for Custody

To regain custody of your children, you may file a petition for custody. In deciding custody matters, Philippine courts prioritize the best interest of the child.

For a child under 7 years old: According to the Family Code of the Philippines, a child under 7 years old should not be separated from the mother unless there's a compelling reason that would adversely affect the welfare of the child.
For a child over 7 years old: The child’s preference might be considered, and various factors such as parental capacity, relationship with the child, the child's needs, and the overall family environment will be taken into account.

Seeking Legal Counsel

In your situation, it's crucial to consult with a lawyer who specializes in family law. They can review the specifics of your case and guide you on the best course of action. You may also be advised on potential defenses against an adultery charge and the best strategies to pursue your child custody petition.

Conclusion

The legal landscape surrounding marital separation and child custody is complex and requires a careful assessment of your individual circumstances. Engaging an experienced family lawyer would be essential in navigating the legal processes and representing your interests, especially when there are potential criminal charges involved. It is important to approach this matter with caution, focusing on what is in the best interest of your children.