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Son is under aunt's custody for 8 months. I want him back.

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Arresto Menor
I am a single mom of a 3-year old boy. I haven't seen him since November of last year. He is under my rich aunt's custody, and she doesn't want to give my son back unless I will be able to pay her all my debts including all the expenses she had for my son.

I personally grew up under my aunt's custody until I was 18 and stowed away for so many reasons. For one, I wasn't happy living with her and felt I was always restricted even to spend time with my parents and siblings. I had to stop school, got a job as a call center agent and became a single mom. Life was very tough when I got unemployed, and when she found out about it, she offered me to finance my studies again and provide the needs of my son while I was studying.

I was able to graduate and got a job as a callcenter agent again. but still, I only got to see my son on Saturday night until Sunday afternoon. My aunt demanded me to give almost 80% of my salary every cut off to comepensate for my son's needs and pay off whatever expenses she had. I thought that was too much. There were times that I intentionally don't give her anything because I couldn't spend time with my son and she doesnt allow me to bring my son out to the mall or even to my mom's place.

In November, she told her household helper that she will call the barangay to kick me and my dad out of her house (where we stayed) if I can not pay her in full the money I owed until the Novemeber 16 and she wont give my son back. She even locked the gate so I couldn't go in. I was scared and traumatized because she is known to abuse people physically and verbally. so I decided to leave.

Now, it's been 8 months and until then I never attempted to communicate with her. nor go to her house frightened that when things become rough, she'd sue me trespassing. I tried to seek assistance from DSWD from our municipal hall but the social worker told me that maybe it's better to leave my son there beacuse of the goodlife my aunt could give. Then she also told me that I can just file Habeas Corpus. Yes, I work in a callcenter but I couldnt afford a private lawyer, I am not qualified for an Atty in PAO. she has all the resources tpo turn things around because she has money. She knows a lot of people in the baranagy. All I want is my son and pay her whatever I owe her through a settlement agreement. I need legal assistance so she couldnt hurt me anymore. Please tell me what to do. Please....

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send a letter through registered mail demanding return of the child else you will charge her of failure to return a child which has the same penalty as kidnapping. while you may be indeed liable for her expenses, the child should not be used as collateral.

you can also go to a law school or the IBP for assistance.

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Arresto Menor
Try to seek from media like T3 (Tulfo Brother's) @ TV5 or Imbestigador (mike enriquez) @ GMA Channel 7 for sure matutulungan ka nila!

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