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Unreasonable wife

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1 Unreasonable wife on Wed May 11, 2011 11:38 pm

krusty


Arresto Menor
Dear attorney,

I have a wife, we are married, and have a legitimate child.
Now, my wife went abroad a few months now to work, even though I didnt want her to go. Then last week we had some silly fight over the phone, after that she threatens me for a seperation and to take custody of our 2 year old daughter when she returns. She is always threatening me of this mother's rights when we had a fight, ever since. I fear those words.
I know I can give our child the best parental care, I have higher educational attainment over her, my salary is higher than her's, even her family admits that I take care of our daughter much better.
I never wish to have a broken family, but for the sake of our daughter, I know I should fight her legally, someday if i had to. She is so stubborn and unreasonable, yet I still love her.

Now my question is:
1. Does she have all the rights to take our daughter if she wishes so? What can I do in such event?
2. If I fail now to fix this diplomatically, what preparations should I make, so when the time comes I have a strong case against her?

Need your advice, thank you in advance..

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2 Re: Unreasonable wife on Thu May 12, 2011 4:54 pm

attyLLL


moderator
you'd be in a legal crouch. there is a maternal preference that no child below 7 can be separated from the mother; worse, deprivation of custody of the mother is a criminal offense under RA 9262.


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3 Re: Unreasonable wife on Fri May 13, 2011 1:57 pm

krusty


Arresto Menor
That is really sad attorney. But in my case her mother is not here in the Philippines. Do I have all the parental rights when she's not here?

Can I just file an abandonment case against her, someday?

Thanks again for the reply?

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4 Re: Unreasonable wife on Sat May 14, 2011 12:04 am

attyLLL


moderator
it will apply only if she returns. meanwhile you have sole custody of the child.

yes, you can apply for sole custody one day. but note that a custody decision is never permanent. it can be changed later on.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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5 Re: Unreasonable wife Today at 12:38 am

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