Wife leaving the country who's custody is the child?

Hello Atty,
Please help and I dearly need your expert advise. My Wife and I came to a disagreement that when she studies abroad she wanted our daughter which is 4 years of age to live with her parents and far away from me. I’m from Manila and her parents are from Cavite. I have been a responsible father all along and the argument only came because of her parents wanting our daughter to stay with them, My question would be, when my wife leaves the country can I file a case to get my daughter back and have sole custody of my daughter since my wife is away? Having said that she is my wife, yes we are married. Thank you and God bless.

Im not a lawyer,,,, Ask advice of FREE Governmemnt and ask DSWD...

yes, you can file a case and if she is not here to exercise her right, then the child's custody should be given to you.

Thank you very much Atty. I will try my best to fix this first with them. If not, How soon can I file for this case? The shortcomings only started a couple of weeks ago. My wife ignores me completely, txt, email, nothing. My wife and child are in Cavite already but they have lived with me for 5 years. Where should I file the case?

in cavite where the child is. you can file it now if the wife is already clearly about to leave

Atty, as in I can file in court immediately not in the baranggay any more?

if you don't live in cavite also, then yes, but i would recommend you try the bgy route also.

Thank you Atty. God Bless

Hi AttyLLL,

As a continuation of my story.

My wife is already in another country now. Before she left My wife and her family was able to convince me that my daughter stay with them (my in-laws) and have her study in Cavite and I reside in Makati. Now, I learned that she is planning to get our daughter and bring her abroad and seems like will be deserting me.

What can I do? I do not want to be left behind. Especially take my daughter and bring it with her abroad. Can this be abandonment? What legal steps can I do to maybe stop this from happening.

Please help me. Thank you very much.

Hmmm. now that she's left the country it may be more awkward for you to get your daughter back as this has to be processed while she is in the country in order for you to get the full custody. After all your daughter is only 4 years old and with too many cases happenning father abusing their own children can be an excuse for your wife and can be her reason to leave her daughter and entrust her with her parents. There are various circumtances here. In order for you to get the custody, you have to pass the DSWD standard procedure and they have to verify that you are fit enough to take care of your daughter.

Ops! didn't realise this was a post from last year.
So what happen with the case?

plshelpmegod wrote:Hi AttyLLL,

As a continuation of my story.

My wife is already in another country now. Before she left My wife and her family was able to convince me that my daughter stay with them (my in-laws) and have her study in Cavite and I reside in Makati. Now, I learned that she is planning to get our daughter and bring her abroad and seems like will be deserting me.

What can I do? I do not want to be left behind. Especially take my daughter and bring it with her abroad. Can this be abandonment? What legal steps can I do to maybe stop this from happening.

Please help me. Thank you very much.

There is no case yet I was actually asking what is the remedy for my concern. And this did not happen last year but only last month.

"
As a continuation of my story.

My wife is already in another country now. Before she left My wife and her family was able to convince me that my daughter stay with them (my in-laws) and have her study in Cavite and I reside in Makati. Now, I learned that she is planning to get our daughter and bring her abroad and seems like will be deserting me.

What can I do? I do not want to be left behind. Especially take my daughter and bring it with her abroad. Can this be abandonment? What legal steps can I do to maybe stop this from happening.

Please help me. Thank you very much."

Sorry! my bad I saw the date you joined not when it was posted.
Well, You have to consult the DSWD to know the procedures about having the right for custody. As they do have standard procedure for this if it is possible for you to file a case against her as your daughter is only 4 years old. You are better off to go to DSWD for assistance. Cheers!

plshelpmegod wrote:There is no case yet I was actually asking what is the remedy for my concern. And this did not happen last year but only last month.

"
As a continuation of my story.

My wife is already in another country now. Before she left My wife and her family was able to convince me that my daughter stay with them (my in-laws) and have her study in Cavite and I reside in Makati. Now, I learned that she is planning to get our daughter and bring her abroad and seems like will be deserting me.

What can I do? I do not want to be left behind. Especially take my daughter and bring it with her abroad. Can this be abandonment? What legal steps can I do to maybe stop this from happening.

Please help me. Thank you very much."

you can file a complaint for custody in cavite and request the court to issue a hold departure order while the case is being heard.