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Child Custody

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1 Child Custody on Fri Nov 02, 2012 1:09 am


Arresto Menor
Dear Atty,

My wife and I are both working abroad and we left our children to my in-laws. We've noticed that our child isn't learning anything at school because my in-laws doesn't care for my children's education. We are sending monthly a sufficient amount of money for my 2 children for there basic needs and education.

My wife and I decided that we will transfer custody of my children to my parents so that they will be properly taken care but my in-laws are stubborn and doesn't want to let our child be with my parents. I've asked them to send my children to my parents and they refused to do so. They insist that they will not give it unless I will be the one to get my children from them. I cannot leave my work just for that reason so I am thinking of sending a special power of attorney appointing my father to be the legal guardian and to represent us on our behalf. The SPA will be authenticated and stamped by the Philippine consulate and will send it to my parents afterwards.

Does this legal paper will solve our problem? or do we need to do another step? please advise.

My in-laws doesn't have any papers to prove that we've authorized them to be the legal guardian of my children.


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2 Re: Child Custody on Sat Nov 03, 2012 5:42 pm


to make it stronger, make sure that it's both you and your wife who signs it or she also executes one if you are separate.

Hopefully her parents will honor it, else they will have to initiate complaints at the bgy or at dswd or in court

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3 Re: Child Custody on Sun Nov 04, 2012 6:23 am


Arresto Menor
My wife and I are living together abroad and we are happily married. Both of us signed the SPA. I've already called the Brgy. Captain where my in-laws lived and he agreed to help us carry out our will. I will also send a letter to the Brgy. Capt to make my request official.

What happens if my in-laws will not honor our SPA? Do they have the right to gain custody over our children against our will?

Below are the acts that we've authorized to our attorney-in-fact:

• Full custody to our minor children NAME OF 1st minor CHILD born on DOB at PLACE and NAME OF 2nd minor CHILD born on DOB at PLACE;
• Responsible for my children’s care and control;
• Enroll my children in school;
• Get educational and behavioral information about my children from their school;
• Consent to all school-related matter regarding our children;
• Consent to medical, psychological, or dental treatment for my children;
• Apply for our children’s passport; and
• Represent us in any court of law to protect our parental interest

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