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Need advice on separation that includes an 11 month old child.

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grandjester


Arresto Menor
I am seeking advice regarding my wife leaving me. Her mother has been trying to sabotage our relationship for years because she wants us to live near their place. My wife agrees with her mother but financially we are not capable of making the transfer and it would be ridiculous to move in their place because it is not suitable to raise a child. She asked me if she can stay with them for a few days and I agreed, then they created a fight that compelled my wife to leave me and stay with her mother because they want to live there.

We have an 11 month old son and the only reason why she wanted to leave me was because she is restless and wants to stay near her mothers place, and I did not want our child to grow up in their place because there are always drunk people, there are crimes always being committed, and if a fire started it will consume everything there because their place is too congested.

I just wanted to know if this is legal, her parent's have influence over her. And the law state's that the child should stay with her mother until 7 years of age. They should change the law when it comes to married couple's because it is unfair to the father who loves his child and his wife but because of the lack of resolve of the wife to defy her parents our family was broken.

I have never hurt my wife and I gave her another chance when she was unfaithful before. This is the fourth or fifth time that her mother tried to destroy our family. I just wanted to know what is my legal rights as a father and a husband because my wife's mother would not let me go to their place to visit my wife and child.

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ibonidarna


Reclusion Perpetua
You cannot force your wife to live with you but if she left your conjugal home without valid reason, you can stop giving support to your wife. However your child is entitled for support.

You can file a custody case against your wife, and include the visitation rights as well pending the hearing.

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grandjester


Arresto Menor
I understand that I cannot force my wife to live with me, my problem is my child. Because he is with a family of irrational people that does not listen to anybody but themselves.

Legally I know I cannot force her. But they do not have the financial capability in raising my child. They can barely keep their own family afloat, let alone take care of the expenses of my child. My wife does not have a job, and they can barely eat sometimes.

I can give my child support, but the I just think that the law here in the Philippines is messed up when it comes to child custody. My wife left our house without any reason, the only reason was because her mom wants her and the baby to be near them all the time because they miss our baby. Now I should give them support while they enjoy the company of my child and they want me to visit my baby in their place when they threatened me already not to go there. I just think that I should not be the one suffering through all this. Giving financial support while my child is not with me, and it feels like they kidnapped my child because she just decided that they would not go back here without even informing me about these things.

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ibonidarna


Reclusion Perpetua
Not them, you are only obliged to give support for your child. If you don't want them to misuse the money, give them the baby products that your child needs.

If you want the child to be with you, then file a case for custody. And prove what you have mentioned earlier.

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grandjester


Arresto Menor
Where am I going to file a case for custody?

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ibonidarna


Reclusion Perpetua
The petition for custody of minors shall be filed with the Family Court of the province or city where the petitioner resides or where the minor may be found.

You can choose where to file. Just instruct your lawyer.

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grandjester


Arresto Menor
Ok thanks for the help.

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