How will I do if where married but separated since 3 yrs my children is in my parents the father of the child don't have regular support I am an ofw and only support my kids what will I do

In Philippines
Last Updated: Nov 28, 2025
How will I do if where married but separated since 3 yrs my children is in my parents the father of the child don't have regular support I am an ofw and only support my kids what will I do

Lawyer Answers

Recososa Law Firm

Recososa Law Firm

Nov 28, 2025
Hello: Let me guide you clearly on this. I am the owner of Recososa Law Firm, and our offices are in Luzon, Visayas, and Mindanao. Since you did not leave your name, I will speak to you directly as a parent trying to carry everything alone. Firstly, if you have been separated for three years and you are the only one supporting the children, Philippine law gives you remedies to secure support and protect your children. Under the Family Code, both parents are legally obligated to give support to their minor children. Support is not optional, and the father’s failure to regularly provide is grounds for legal action. Secondly, since you are an OFW and your children are with your parents, you can take two important steps. a.) You can demand regular child support from the father. If he still refuses, you can file a Petition for Support in court or a complaint with the Barangay for mediation. b.) If the father poses risks or refuses to cooperate, you may also file for a Protection Order under RA 9262, especially if there is abandonment or economic abuse. This can compel him to provide support. Thirdly, if your long term goal is to fix your marital status, you may also consider annulment or legal separation depending on your situation, but this is optional at this stage. Your immediate concern is ensuring that your children receive the lawful support they deserve. If you need help taking action, we can assist you fully. We can schedule an online consultation via Google Meet or Zoom, or face to face in any of our offices. If this answer helps you, we would truly appreciate a 5 star review on our LawZana page. It would also mean a lot if you can like and share our pages below. Sincerely, ATTY. JOFRE B. RECOSOSA Owner and Managing Partner Recososa Law Firm
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