Legal Question in Family Law in Philippines

Good day. I am a Flipina and married for 13 years. Last November, I decided to be separated from my husband because I decided to leave a situation which is not secure, unsafe, without dignity and without love. We have 2 daughters, ages 12 and 4. I decided to leave him since I've been unhappy and miserable for all the years I've spent with him, it's only last year that I've decided to left him since I fear him so much. He abuses me physically, emotionally and psychologically. He cheated on me several times too but all i got are physical abuse during those times of his womanizing, hence, I resorted in suffering in silence. But one day I decided to leave the demon, the monster so I could get a life.

To cut the story short, he thought and firmly believed that I left him for another man but I don't have a boyfriend. AT first, he is wooing me back with all sweet gestures and kind words but I don't give in since I know his true colors. For the past month Nov-March, I am allowed to see my kids over the weekend. By the way, i am paying for teh food, groceries, allowance and tuition fees of children including their clothes, shoes, and otehr miscellanous things. I could day that I pay 70% of the household expenses.

This April, he doesnt allow me anymore to see my daughters with the thought that I'm having an affair which have been an issue for 7 months already. My separation is not yet legal since I want a peaceful dialogue between us and if we could settle this in our ways, so that our children will not be affected much.

Now, I'm not asking for custody though i think its the best for my child. I'm only asking him for visiting rights or 2 nights/weekedn spent with children every week. He's in great anger that he even threaten me, my colleague/friend he thought was my boyfriend and those who supports me.

How can i have a custody or visiting rights to my children? is it the right time now or should I wait for him to have a clearer mind? or person like him wont change.

Asked on 5/06/13, 11:41 pm

1 Answer from Attorneys

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The 4 years old cannot be separated from you. File a petition for habeas corpus and child custody.

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Answered on 5/08/13, 8:02 am

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