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Child Custody

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1 Child Custody on Mon Jul 23, 2018 3:25 pm

g_alcaraz


Arresto Menor
My Wife & I are both OFW here in Kuwait. We were married for 2 years now and blessed with a wonderful 8 month old daughter, who stays with us here in Kuwait.

For so may reasons, my wife and I are so incompatible in so many ways which always resulted to a misunderstanding and most of the time, a silent war. We both deiced to end up our relationship as husband & wife and just do our responsibility as the parent to our daughter.

My wife has a different mind setting to the point that she even threat me if i decided to send our daughter back home in the Philippines, she will file a case of kidnapping to whoever is going to take the custody our daughter while we are both working abroad.

I completely understand the FCP that   No child under seven years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise” (Article 210).


My wife has another child with her first relationship, he is about  10 yrs old now, living with her grandmother(my wife's mother) along with her Auntie (my wife's younger sister) and her cousin (my wife's niece about 2 years old). My mother in -law is a plain housewife taking care of her child. They are renting an apartment somewhere in Metro Manila and my Wife is the sole bread winner of the family. she has to send them money on a monthly basis for food, house expenses, allowances, etc. Her ex-partner (the father of her son) is not providing any financial support to their child

While i am the youngest in my family, has no other child from the my past relationship. I am earning almost double of my wife's' salary here in Kuwait. I have no other obligations back home expect for the allowance I am sending for my Mother who is living at the Province. My mother is living with here mother(my grand mother) and my 2 other siblings has already have their own family and living separately ( My eldest sister lives in Manila with her 18 year old daughter & husband) while my Kuya and his family lives somewhere in Region IV.


My Question is:

1.If in case, i decided to send our daughter back home, who has the right to take the full custody of our daughter while we (my wife & I) are both working overseas? Is it her parents and/or her other siblings? Or my mother and/or my eldest sister

2.What type of document we need to provide or get, in case it favors either one of us, for us to have it legal, that whoever is  going to be the temporary guardian to our daughter will not be legally liable in case someones else tries to file any case against him or her?

3.If the law favors the side of my wife, is there any other way i can take my daughter back? what if later on , i want my daughter back here in Kuwait, (if  both parents are here in Kuwait, it is only the father who can sponsor and provide visa to any of the dependent plus the fact that it is base on salary which i am more qualified while my wife is not.) Can anyone stop me, by law or any other legal way in the Philippines from doing so?


Please advise.

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2 Re: Child Custody on Mon Jul 23, 2018 3:36 pm

xtianjames


Reclusion Perpetua
1. you should discuss among yourselves the best situation for your child. give each other pros and cons on why the child should be cared for by this side of the family.

2. you can just have a written agreement

3. they can only do that if your custody to the child has been revoked by the court.

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