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Married-Separated in Fact Child Custody

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1 Married-Separated in Fact Child Custody on Fri Jan 01, 2016 8:09 pm


Arresto Menor
Good evening and Happy New Year to all!

I would just like to ask for an advice regarding our family's status now.

Me and my wife are married 2 years ago. We have 1 Daughter.

We are currently SEPARATED IN FACT due to mitigating factors such as I found out that my wife is texting or meeting with someone.

My wife left our house together with my daughter. She is claiming that she has full custody of the child since our daughter is still 2 years old. She is bullying me with the schedule on to when I will have time with my daughter.

According to ARTICLE 211 Of the new family code, it says that married couple share equal parental authority over their children, and in case of disagreement, the fathers decision shall be final. It was also stated there that "IN CASE OF SEPARATION(Refers to legal separation) if the child is below 7 years old, the child should not be separated from her mother"

My point here is, we are just "SEPARATED IN FACT" and not "LEGALLY SEPARATED".

What should I do and your thoughts regarding this would be much appreciated.

Thank you and Happy New Year!

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2 Re: Married-Separated in Fact Child Custody on Fri Jan 01, 2016 9:34 pm


Prision Mayor

No child under seven shall be separated from the mother (unless there is a court order), so technically unless you hold a court order stating that you have custody over your daughter, your wife is right.

Whether you are legally separated or separated in fact - the law does not distinguish.

I suggest that you negotiate with your wife in regard to visitation rights.

If you would like to get custody over your child, go to court.

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