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1 CUSTODY & GUARDIANSHIP on Mon Jan 24, 2011 11:32 am

willing guardian

Arresto Menor
hi i would like to ask po sana about my deceased brother's kid's custody.

For a short history, my brother died two years ago and unfortunately his wife died just last year.

Since then, the mother and brother of my sister in law have lived in my brother's house even if they have a house in Fort bonifacio, Makati. Also, they use the car as if it was theirs, they take the kids where ever and when ever they want to without informing my parents who lived just beside my brother's house. They don't allow the children to visit their father's family. As a proof, last Christmas, we made arrangements that the kids will celebrate half of Christmas day with us but they did not bring the kids to my sister's house (who happens to be the aunt of the kids)

The children still lives in their house in Batangas where our parents have a house beside theirs. How can we gain the guardianship of the kids? Who has more weight for the custody of the kids?

I also heard from some of their relatives, that have had money for renovating their house in fort bonifacio. In view of this, i would also want to know, who should manage the properties na pinundar ng kuya at ng pension from my brother insurance for the kids? I just want my nieces and nephews na mailagay sa ayos ang finances nila. At hindi maubos ng ibang tao o ma-mismanaged. Sa ngayon po, hindi tumatanggap ng pension ang mga bata dahil nakahold daw po sabi ng SSS it's because wala pa din po official guardian.

I hope you can help us, please.

God bless

Last edited by willing guardian on Mon Jan 24, 2011 11:39 am; edited 2 times in total (Reason for editing : grammar and additional info/question)

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2 Re: CUSTODY & GUARDIANSHIP on Tue Jan 25, 2011 12:36 pm


guardianship of minors can be exercised by the grandparents after being assigned by the courts. you will have to file a petition in court to be assigned the guardians.

Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. In case several survive, the one designated by the court, taking into account the same consideration mentioned in the preceding article, shall exercise the authority.

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