irresponsible husband

Hi there! I am a new member of this group and wish to share my own sentiment about my ex-hubby. We got married in May 2000 and due to his being irresponsible, we have decided to live separately in 2006; I have not filed an annulment yet as I am financially incapable at this time.
My question is, since I have been the sole breadwinner since the separation, can I demand full custody of my kids? Since the separation, he only provided financial support couple of times until in May 2010, he had completely stopped communicating, never even bothered to visit our kids(we have 2 boys, ages 10 & 9). I am an OFW and my kids are currently staying with my sister. I want to file for abandonment so I can get the full custody of my kids..will this be possible? Will there be court hearings also? I know my ex-hubby will contest and as a father, he will also fight for his right? What are my chances for winning then? Thank you very much and would appreciate your advice at the earliest..

Does he visit the children?

not at all..last DEC when I went home for the holidays, I took the initiative to meet him up somewhere so he could see the kids, then maybe 3-4 times ha came to borrow the kids but since April he have not been seeing them again

unless you are willing to stay here so you can exercise your right to custody, i wouldn't recommend filing any case. he's here, you're not.

so that would mean I can't file for custody? Im really worried that one day he might just come to our house and take the kids,of course my sister cannot stop him. In this case and since I have taken all the responsibilities on my kids, do i have the option of preparing an affidavit for that matter stating that he cannot take the kids without my consent?

you can make that affidavit, and a non-lawyer would probably have to think twice about proceeding, but between absent mom and present dad, the one present will have better chance of winning.

on the other hand, your sister can refuse to give the children without a court order. to protect her you can issue an affidavit saying you are entrusting the children to her temporarily.

you can also try entering into an agreement with the father that he will respect your custody over the children, but note, this is not binding forever.

Looks like I'm at the losing end; The fact that he's there and I'm abroad he might end up having full custody of my kids. You mean even if I have proofs that he's an irresponsible father and by not bothering to visit the kids, he had completely abandoned them? How can I obtain a court order? Shall I seek a lawyer as my representative and ask him to prepare a sworn statement (kasulatan)? Would appreciate if you can shed light on this..thank you once again

Looks like I'm at the losing end; The fact that he's there and I'm abroad he might end up having full custody of my kids. You mean even if I have proofs that he's an irresponsible father and by not bothering to visit the kids, he had completely abandoned them? How can I obtain a court order? Shall I seek a lawyer as my representative and ask him to prepare a sworn statement (kasulatan)? Would appreciate if you can shed light on this..thank you once again

you can also try entering into an agreement with the father that he will respect your custody over the children, but note, this is not binding forever.

what you should just avoid is letting your sister simply give way in giving up the kids if he comes. i'm sure you would be able to adjust if he actually takes some form of legal action to take the children.

besides, with his history, what is the likelihood that he will suddenly want to get them?