Dear Atty. Peachy,

I am reaching out to you for advice regarding a sensitive issue involving my child’s custody. My husband and I separated a year ago, and since then, we have been co-parenting our six-year-old daughter. While we initially agreed on shared custody, things have become tense lately, primarily due to unresolved feelings stemming from our breakup. Recently, my husband expressed intentions to move to another province for work, and he wants to take our daughter with him. This has left me feeling anxious about the potential disruption it might cause to our daughter’s life. I worry about her stability, schooling and emotional well-being if she relocates. I want to ensure that I can maintain a meaningful relationship with her regardless of his plans.

Can you provide insights into how custody is determined in the Philippines and what rights I have as a mother in this situation? Additionally, are there steps I can take to ensure that our daughter’s best interests are prioritized?

Thank you for your assistance.

Mary

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Dear Mary,

Navigating custody matters after a separation can be particularly challenging, especially when considering the best interests of your child. The primary consideration for the Philippine family courts when determining custody is the “best interest of the child.” This principle aims to ensure that the child’s emotional, educational, and developmental needs are met. Courts generally prefer to maintain stability in the child’s life, including their schooling and community

In the Philippines, custody arrangements can take various forms:

(1) Sole Custody: One parent has exclusive control over the child’s upbringing.

(2) Joint Custody: Both parents share responsibilities and rights regarding the child’s welfare. This arrangement requires cooperation and communication between both parents.

Given the current agreement of shared custody, if your husband moves away with your daughter, it could complicate this arrangement. As the mother, you have the legal right to object to your husband’s decision to take your daughter to another province. You can express your concerns regarding how the move may affect your daughter’s stability and emotional well-being. If discussions with your husband do not yield a satisfactory outcome, you may seek legal recourse to formally contest the move.

If necessary, you can file for custody in Family Court. You would need to demonstrate to the court why remaining in your current locality is in your daughter’s best interests. Evidence such as the child’s engagement in school activities, her social circle, and the emotional support she receives from both you and her father can be beneficial. The court may conduct interviews or assessments to determine the most beneficial living arrangement.

Before seeking court intervention, consider requesting mediation with your husband. A neutral mediator can help facilitate more effective communication and may lead to an amicable agreement that accommodates both your concerns and your husband’s work-related needs.

Wishing you strength and clarity as you work through this matter.

Atty. Peachy Selda-Gregorio