Child Custody Question

Hi! My wife and I are not in good terms right now and she is planning to go overseas to work and leave my 2 kids (3 and 4 years of age) in the care of my Mother-in-law. Will it be possible that i get the custody of my kids since i am here and have regular employment? Does this qualify as absence of the other parent and the parent that is present gets custody of the kids eventhough they are below 7 years old? thanks and more power!

Thank you for answering sir but we are NOT in good terms po and I would like to know if by Law I have the right to take care of my kids kase since the Mother will not be available and is going abroad but is planning to leave my kids with my inlaws instead of leaving them in my care.

Sorry I miss the words 'not in good term'! Well, that's completely different thing, you have to open a case against her for the child custody as if she is not there to take care of your children and its not fair for her to leave the children with your in-laws. But this often happens. The wife don't normally trust the father to take care of her children. But since she is leaving the country, you might have the chance if you file a case for the childrens custody she may find it a lot of trouble to deal with and it will delay her plan to travel, so you might have the chance to get the custody of your children. But since the children are only aged 3 & 4 its for the mother to decide if she will leave you the children or not! Just take our chances!

Thanks again sir for answering.. What if I file for child custody after she leaves? will that improve my chances? or does she have the last word on who is going to take care of our children even if she is not here?

You need her presence in order to challenge the custody of your children otherwise, if she leave a full autorisation letter of custody to her parents to take care of your children, in that you will have difficulties to follow it up as the court will ask for the mother's presence in order to settle this custody argument. So better to play safe in that she is left without choice but to agree to leave the children with you or share the custody with her parents especially if she is rushing to travel abroad, the better! At least, you have an access to take care of your children if she agree to share the custody with her parents.

What is she does not leave a letter authorizing her parents to take care of the children? what would happen then sir?

The better because as a father of your children, you and your wife has an immediate rights to take care of your children. Leaving your children without in writing can override the authorisation she gave her parents verbally to take care of your children.

But remember there are Philippine Embassy abroad, If her parents are ask for an authorisation, she will just have to go to the embassy and put this in writing and when its notarised her parents will have the full rights to keep your children in their care.

Try to make an agreement with her in a subtle way, since she is going abroad, she may consider and allow between you and her parents to take care of your children while she's abroad.

sad_dad wrote:What is she does not leave a letter authorizing her parents to take care of the children? what would happen then sir?