Child Custody

[feetz0]

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My niece and her live in partner got separated but they have a child(2 yrs old). Now My niece wants to have only 2 days in a week to spend time with her son because she's working and it went fine for 3 months but 1 saturday the father's parents just went to the picture and refuse to give their "apo" and insisted to go to the baranggay and so the father(no work) and his family is pushing the said "settlement" into court saying that he's not going to give this right to my niece. The father's family has great political influence I may say because the one who settled their case in the baranggay was not the Baranggay Captain just settled their case in just less than 20 minutes saying in favor of the father's side " aw gustong man kaha i korte huwat nlng mo sa summon gkan sa korte". Is that the right way to settle such case?? There's even no mention of DSWD....We don't have money to pay a good lawyer but we really know the right of my niece base in Child and Welfare Code "In case of separation of his parents, no child under five years of age shall be separated from his mother unless the court finds compelling reasons to do so." Any lawyer here who can give us legal advice? Is there any other agency that can help my niece or do we need to proceed in filing a case in court to gain custody.

[Pinkish]

tell them that you'll see each other in court

[buyogon]

im not a lawyer but sa ako nahibal-an ani
"no child under five years of age shall be separated from his mother unless the court finds compelling reasons to do so."
tinuod ni kay nakabasa sad ko ani and labi na kay naay trabaho ang inahan it means maka suporta siya sa needs sa bata and dako jud possibility nga makuha pa niya ang bata ngayo na lang siya alimony sa amahan

[watashi]

What is the general rule as to custody over children?

The general rule is that a child under seven years of age shall not be separated from his mother, which is based on the basic need of a child for his mother’s loving care. Article 213 of the Family Code provides that “[n]o child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise.” This is more pronounced in case of illegitimate children, as the law expressly provides that illegitimate children shall be under the parental authority of their mother.


Basic issues in child custody at Philippine e-Legal Forum

[yvonne6]

if the exbf's family pushes with the case, the judge will assign a public attorney for your niece, no charge or very minimal charge. she doesnt have to hire a lawyer for now. the details are not very specific but what i know is that if the baranggay or dswd can see that the mother is unfit aswell as the father, they will have a guardian to take care of the kid. next closest kin possibly, so puede ang lola ug lolo. naa bay issues imong pag umangkon which might cause her to lose custody of her kid?