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Who has the right to Takecare of the child?

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1 Who has the right to Takecare of the child? on Tue Jul 17, 2012 1:06 pm


Arresto Menor
My live-in wife called "WOMEN" a non legal wife which mean we are not married in church and in law.She is about 15 years older than me. I was college that time when i accedintally got her pregnant because i was in alcoholic influence.

We are still living together now, our child is already 9 years old, my mother is taking care of this child all the financial needs, schooling, and even taking care of our child even when it was still months old.

My mother knew that the child she was caring with is my child only after the child turn one year old.

But my non-legal wife the mother of the child is living near with us with her other childrens from a decsease husband. My child knows she is the mother until now and we are living as a normal family together, with the support of my parents who is living in one blobk of house/compound until now.

What if time comes, we wanted to separate from each other, as i could feel we are not happy anymore, i need a legal wife, i am not happy anymore of her, i grab her as wife only becuase i want my child knows and live a normal life with a mother.

Just true enough, I want to separate or stop our relationship with my "WOMEN"...then the question; who has the right to take care of the child?

Yes I know in the Costudy of DSWD for women and child rights, the mother have the legal rights for the child; what if the mother don't deserve, since it was my mother who give financial & moral, education, nurture the child even taking care of the child everyday, because my WOMEN has a work and don't even bother- only her presence as mother.

When i pursue my plan and we agreed each other to separate/ no connection, she might take away my child and go with her....

PLEASE do advice me of proper legal to have my child under my protection not with the mother...What do you think?

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Reclusion Perpetua
Hi Youngadult.

I suggest that you draft a Custody Agreement and have your common-law wife sign it.

For more free legal information about Child Custody, please visit

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