Dear Atty. Peachy,

Good day! I recently learned that my estranged husband has just been released from prison after serving time for a drug-related case. We separated five years ago, and now he is calling me, saying he wants to take our children, who are currently living with my family while I work. I am really worried about what to do next. What are my rights, and how can I protect my children in this situation? I appreciate any advice you can offer. Thank you!

Cathy

***

Dear Cathy,

Thank you for reaching out. It is understandable to be worried about your children when their father is trying to reenter their lives, especially given his recent history. Let us delve into your situation, focusing on custody rights and the implications of his recent release from prison under Philippine law.

In the Philippines, custody of children is primarily governed by the Family Code. In general, both parents retain equal rights to their children. This means that even after separation, both parents can have a say in major decisions regarding their child’s welfare, including education, health and overall upbringing. If one parent has been the primary caregiver, he or she may have a stronger case for sole custody. Courts favor the child’s best interests when determining custody arrangements.

Under Philippine law, an individual released from prison retains legal rights, including the potential to seek custody of their children. However, several factors come into play:

1. Assessment of Fitness: A court will evaluate the fitness of the parent seeking custody. Factors such as the parent’s history of substance abuse, criminal activities and capacity to provide a stable environment for the children will be considered. Since your husband has a history of arrest related to drugs, this could significantly impact his claim for custody.

2. Best Interests of the Child: Ultimately, the best interests of the child will guide any custody ruling. If evidence suggests that the children’s safety and well-being may be compromised due to their father’s past behavior or circumstances, this will weigh heavily in the court’s decisions.

Document all communications regarding your ex-husband’s intentions. This information may become essential if you need to present your case in court. If you feel safe to discuss co-parenting with him, it might be beneficial to involve a mediator. This can help lay down a structured plan regarding his involvement in your children’s lives, ensuring that boundaries are properly established. On the other hand, if you feel your children could be in immediate danger due to their father’s behavior, do not hesitate to contact local authorities or social services. The welfare of your children is paramount, and there are systems in place to help protect them.

Your situation certainly feels daunting, but being well-informed about your rights and the legal framework surrounding custody in the Philippines can empower you to make the best decisions for your children. Remember that support is available, both legally and emotionally, to help you and your family through this challenging time.

Take care, and I wish you strength as you navigate this journey.

Atty. Peachy Selda-Gregorio