Mother seeks custody of children

Mother seeks custody of children "I want to ask for help regarding my problem. I am married and have two children. Five years ago, I was a battered wife. My husband used to hit me and even my children. I was too afraid then to report about it but that made me indignant with myself. I learned to go out with friends and booze with them. I got drunk one time and something happened to me and a guy friend. Unexpectedly and unfortunately, I got pregnant. I was forced to admit to my husband that I was pregnant since my tummy is getting big. At first, he was so mad but he soon forgave me and told me to start all over again. However, during my pregnancy I experienced callousness from him, he hit me and uttered undesirable words against me. I endured everything he did to me until I delivered the baby. My mother took me out from my sad fate. My husband and I then agreed that he will not file a case against me but he will keep my two children with him. That was hard for me to do but I acceded to it. The set up worked for quite some time. It is just that he does not want to receive any financial support from me for the two children and keeps on telling that he does not need any help from me even if he has no permanent work since we got married. Just lately, my daughter sent me a text message telling me that she was beaten by my husband. I want to get my children now from their father but I am apprehensive. Please advise me on what to do. I want to ensure that my children will grow up well. I also want to give them emotional and financial support. Maria Dear Maria,No mother could ever endure the painful experiences of her children. Hence, pondering now on your concern, it is our humble opinion that in order for you to be able to raise your children well, to be able to provide them with emotional and financial support, you have to obtain custody over them. Parents’ custody is the right to exercise parental authority over their children which is deemed unquestionable and incontestable at all times by the State. As explicitly provided for by both the Family Code of the Philippines and the Child and Youth Welfare Code (Presidential Decree No. 603, as amended), “parental authority” (or “patria potestas”) is the absolute right of parents to watch over the person and property of their children (The Family Code of the Philippines, Fifteenth Edition, 2002, p. 758, Edgardo L. Paras, Litt. B., LL.B., LL.M., LL.D.).As a general rule, both parents, the father and the mother, are entitled to exercise parental authority over their common children in accordance with Article 211 of the Family Code of the Philippines which provides, to wit: “Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father’s decision shall prevail, unless there is judicial order to the contrary.x x x” Nevertheless, Article 213 of the same Code provides the instances where the joint parental authority cannot be exercised by both parents, to wit:“Art. 213. In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit. No child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise.”In your case, you may ask for the custody of your children before the proper court by filing an Action for Custody. Be mindful however that your husband may oppose the same in order for you to be deprived of custody. He may present before the court pieces of evidence to establish that you are not entitled to or unsuitable to be granted custody. In the case of Joey B. Briones vs. Maricel P. Miguel, (G.R. 156343, October 18, 2004), the High Court enumerated the instances where a mother may be deprived of custody and parental authority of a child. These are neglect or abandonment, unemployment, immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity, and affliction with a communicable disease. Now, your entitlement for custody of your children would entirely depend on the evidence that you might present before the court. We hope we were able to enlighten you on the matter. Please take note however, that all the information contained herein are based on our appreciation of your questions. A different legal opinion may be given if other facts not included in your query will be discussed." - https://www.affordablecebu.com/