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WHERE DO THE CHILDREN UNDER 18 YEARS OLD GO WHEN THEIR MOTHER CHEATED ON THEIR FATHER.

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killgon


Arresto Menor
A WIFE CHEATED ON HER HUSBAND WHO IS WORKING ABROAD FOR ALREADY 3 YEARS. THEY WERE LEGALLY MARRIED. SO THE HUSBAND CAN FILE A CASE AGAINST HER WIFE. HOWEVER, THE QUESTION IS, WHERE WOULD THE CHILDREN GO BEFORE THE WIFE IS CONVICTED. AND AFTER CONVICTION?

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xtianjames


Reclusion Perpetua
Please avoid posting in caps. if the wife will get convicted and imprisoned, then the child will go to the father. Also, keep in mind that the wife cannot be charged in the Philippines for a crime she commited abroad (if the cheating happened overseas).

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3 cheating wife on Wed Jan 10, 2018 3:40 pm

killgon


Arresto Menor
After the wife is convicted, the child will go to its father ryt? but as i was asking...BEFORE the wife gets convicted, where?

Can the husband file a case against her cheating wife for him to take the child's custody? what kind of case can he file? Can he use the case which he filed first against his wife as a ground for his new case to take the child's custody?

Thank you...

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4 cheating wife... on Wed Jan 10, 2018 3:43 pm

killgon


Arresto Menor
xtianjames wrote:Please avoid posting in caps. if the wife will get convicted and imprisoned, then the child will go to the father. Also, keep in mind that the wife cannot be charged in the Philippines for a crime she commited abroad (if the cheating happened overseas).


After the wife is convicted, the child will go to its father ryt? but as i was asking...BEFORE the wife gets convicted, where?

Can the husband file a case against her cheating wife for him to take the child's custody? what kind of case can he file? Can he use the case which he filed first against his wife as a ground for his new case to take the child's custody?

Thank you...

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mrs_scofield


Prision Correccional
killgon wrote:
xtianjames wrote:Please avoid posting in caps. if the wife will get convicted and imprisoned, then the child will go to the father. Also, keep in mind that the wife cannot be charged in the Philippines for a crime she commited abroad (if the cheating happened overseas).


After the wife is convicted, the child will go to its father ryt? but as i was asking...BEFORE the wife gets convicted, where?

Can the husband file a case against her cheating wife for him to take the child's custody? what kind of case can he file? Can he use the case which he filed first against his wife as a ground for his new case to take the child's custody?

Thank you...

Please take note that custody of minor children are shared by the husband and the wife. Naturally, since the father is outside the Philippines custody is with the wife. The husband can petition the court for the custody of the minor children but please take note that if the minor children are below 7 years old, custody shall be with the mother unless there is/are compelling reason(s) to separate the children from the mother. Article 213 of the Family Code provides that “[n]o child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise.”

Only the most compelling reasons such as the mother's unfitness to exercise sole parental authority, shall justify her deprivation of parental authority or neglect or abandonment, unemployment, immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity, and affliction with a communicable disease.

Please take note too that a child over 7 years old are allowed to state his/her preference. While such choice is given respect, the court is not bound by that choice. The court may exercise its discretion by disregarding the child’s preference should the parent chosen be found to be unfit, in which instance, custody may be given to the other parent, or even to a third person. Decisions on custody of children are always open to adjustment as the circumstances may warrant.

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