Is it possible for me to get my 7years old boy back?

Posted Mon, Sep 15, 2025 11:37 AM

Hello:

From what you have shared, this situation involves a case of child custody and parental authority under Philippine law. Under Article 213 of the Family Code of the Philippines, custody of children below seven years of age is generally given to the mother, unless there are compelling reasons to deny it. Even if the child is older than seven, the paramount consideration is always the best interest and welfare of the child, including his emotional, psychological, and social well-being.

In your case, since your son is experiencing emotional and psychological trauma from being separated from you and his siblings, you may consider the following remedies:

a.) You may file a Petition for Custody before the Family Court to seek legal custody and ensure that your son is returned to your care. The court will evaluate the situation based on the best interests of the child.

b.) If there is evidence that the father’s custody is causing harm to the child emotionally or psychologically, this can strengthen your petition. Reports from teachers, psychologists, or other witnesses may serve as supporting evidence.

c.) If there is an ongoing legal separation or annulment case, custody can also be addressed within those proceedings. The court may issue a temporary custody order while the main case is pending.

d.) If the father is preventing you from seeing or communicating with your child without legal basis, you may seek relief through a Petition for Habeas Corpus to enforce your right as the lawful parent.

We at Recososa Law Firm handle cases like this and can assist you in preparing the necessary pleadings and representation before the court. We have offices in Luzon, Visayas and Mindanao, and we can schedule an initial consultation via google meet or zoom call, or a physical consultation at our office. You may send us an email at recososalawfirm@gmail.com and indicate that you are a client from LawZana. Alternatively, you can call or text us at +639175046510.

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ATTY. JOFRE B. RECOSOSA

Owner/Managing Partner

Recososa Law Firm

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