Can Father of Illegitimate Child Obtain Custody when Mother is Abroad?

In one case (Briones vs. Miguel, GR 156343, Oct. 18, 2004), the Supreme Court upheld the illegitimate child’s mother’s custody even when the mother was working in Japan and eventually brought the child out of the country to live with her there.

True, there are exceptions to this rule but only when there are compelling reasons to deprive the mother of custody like for examples: neglect or abandonment, unemployment, immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity, and affliction with a communicable disease.

The Court does not agree to the idea that merely working abroad while entrusting the child to the care of the maternal grandparents or other immediate family member is one of the grounds for taking away custody from the mother.  The Court does not also consider it as abandonment or neglect as well.

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About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Child Custody, Family Code, Parental Authority, Question and Answers and tagged , , , . Bookmark the permalink.

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