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

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.

Yes, it is possible to reclaim custody of a 7-year-old boy, especially if there is evidence that he is suffering emotional and psychological trauma from being separated from his mother and siblings.

Legal Basis for Seeking Custody

In Indian law, the court’s paramount concern in custody cases is the “best interests and welfare of the child.” If it can be shown that the child is experiencing significant emotional or psychological harm—including sadness, trauma, or anxiety—while with the father, the court can consider changing the custodial arrangement.

The preferences of a child who is 7 years old are considered by the court, though not always decisive. If the child clearly expresses a desire to live with the mother and professionals (such as teachers or psychologists) corroborate his emotional distress, this becomes strong evidence for restoration of custody to the mother.

Steps to Take for Custody Restoration

Gather evidence of the child’s current emotional state (such as school reports, psychologist or counselor evaluations, and witness statements from teachers or family members) that show the impact of separation.

File a petition in family court to modify the current custody arrangement, clearly stating the reasons and providing supporting documentation that the child’s welfare is at risk.

The court may interview the child, review the evidence, and, if convinced, may restore custody to the mother or grant increased access or joint custody depending on what serves the child’s best interest.

Important Precedents

The Supreme Court has recently reversed its own orders to restore custody to the mother after evidence showed serious mental trauma and emotional breakdown of a child kept away from the mother.

Courts can and do take the mental and emotional well-being of the child very seriously and act swiftly if the current custody arrangement is causing harm.

You may increase your chances by obtaining a medical or psychological evaluation of the child and seeking help from an experienced family lawyer to present a compelling case in court.