ganito kasi yon.. may kaibigan ako na ng hiwalay na sila ng asawa nya tapos ang anak nila dinala ng ama.. ngayon gusto na nya kunin ang bata pro ayaw ng ama..
sabi kasi ng mga attorney sa kanya dapat ang bata kc 6 years old pa.. sa kanya dw dapat talaga xa dw dapit ang mg alaga kc xa ang ina..
Yes. As a general rules, a child below the age of 7 should not be separated from the mother. The reason behind this law is that a child in his/her earlier years has biological and emotional needs that only his/her mother can provide. These needs are essential for his/her proper well-being, hence, maternal custody within the said period is inviolable, except for very specific grounds.
ano po ang dapat gawin?? kailangan po ba idemanda ang ama pra makuha ang bata or anong legal na pwede gawin pra makuha ang bata.,..
salamat po sa mag suggest..
Assuming that all efforts for a compromise have been exhausted and no favorable set-up has been agreed upon, the correct course of action is to FILE A PETITION FOR CUSTODY OF A MINOR AND A WRIT OF HABEAS CORPUS with the Family Court of the city or municipality where the mother resides, or the Family Court in the city or municipality where the minor is believed to be held. Some cities and municipalities don't have Family Courts, so the petition can instead be filed with the Regional Trial Court in the appropriate area.
The Petition for Custody of a Minor is the action that will attempt to regain custody over the child. The writ of habeas corpus, once granted, will compel the father to produce the body of the child in court, something which is very important so that he wouldn't be able to hide the son/daughter from the mother during the pendency of the case.
This is a simple matter, and based on my experience, a very common one. Often, the other party won't even put up a fight. A summon is enough to scare them into surrendering the child. The mother can represent herself without the help of a lawyer. She can just ask for some help from a law student when it comes to drafting the petition. If by some chance, the other party shows some signs that they are willing to push through with a full-blown proceeding, then the mother can hire a lawyer. Budget shouldn't be an issue. There are a lot of ambulance-chasing lawyers loitering outside the courtrooms, offering their services at a bargain. The mother can simply choose the one she can afford. If she can't afford one, there are a number of free options available. She can visit the PAO (Public Attorney's Office) desk that should be situated in the Hall of Justice or the City Hall of the city or municipality where the petition was filed. The mother can also opt to visit Free Legal Aid Clinic at the UP College of Law. She can also approach any law firm to see if they have lawyers who are working pro bono (usually, new junior associates are assigned pro bono work to help them gain experience).