Shared custody

I am currently going through an annulment with my wife, after years of an increasingly strained relationship. We have a four-year-old daughter and she is my top priority in this whole process. While we have generally agreed on many issues regarding the divorce, we are having considerable disagreements about custody arrangements.

My wife insists on having sole custody of our daughter, claiming it would be in our daughter’s best interest due to my extended work hours that sometimes require me to travel. While I acknowledge my work commitments, I believe that a shared custody arrangement would allow our daughter to maintain a strong relationship with both her parents. I have been actively involved in her life, attending school events, helping with homework, and spending quality time with her on weekends.

I am unsure how the legal process works for custody arrangements in the Philippines. What steps can I take to advocate for shared custody?

Thank you for your help.

Arnie

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Dear Arnie,

In the Philippines, child custody issues are governed by the Family Code, focusing on the welfare of the child above all else. The court prioritizes the best interests of the child. Factors taken into account include the child’s emotional ties with both parents, the stability of each parent’s environment, and the ability of each parent to provide for the child’s needs. Custody can be sole or joint (shared). Joint custody allows both parents to make decisions about the child’s upbringing and ensures that both parents remain involved in the child’s life. Your proactive involvement in your daughter’s life can play a significant role in arguing for shared custody.

Before escalating the situation to court, consider suggesting mediation with your wife. It can provide a platform for both of you to express your thoughts and reach a mutually agreeable solution regarding custody. A neutral mediator can facilitate the discussion and help you both focus on what’s best for your daughter.

In the meantime, keep comprehensive documentation of your involvement in your daughter’s life, including records of school events you attended, dates you spent with her, and instances where you provided care. This evidence can demonstrate to the court your commitment to being an engaged and responsible parent.

If amicable discussions do not lead to an agreement, you may need to file a petition for custody in Family Court. Gather all of your documentation and be prepared to present a compelling argument as to why joint custody would be in your daughter’s best interest.

Wishing you all the best in this journey.

Atty. Peachy Selda-Gregorio