OFWs do not lose custody rights over children — SC
Overseas Filipino workers (OFW) do not lose their parental authority or custody over their children despite being assigned abroad, the Supreme Court (SC) ruled.
In a 31-page decision, the SC Second Division granted an OFW sole custody of her minor children, with provisional custody granted to the children's grandmother whom they live with in the Philippines.
"The mere fact that a parent is an OFW does not deprive them of their right to exercise parental authority or sole custody," the SC said.
According to the court, the mother separated from her husband in 2017, and they agreed to have joint custody of their children. The children were left in their father's care when she left for France to work.
She later found that the father would leave their children with other people without her consent. Due to this, the court said she took the children and left them in the care of their grandmother.
The father then filed a petition for habeas corpus seeking custody of their children, arguing that he should have custody instead of the grandparent since the mother was "absent."
The regional trial court awarded the mother exclusive parental authority and permanent custody of the children.
The Court of Appeals (CA) modified this and granted both the mother and father parental authority, but maintained sole custody with the mother and provisional custody with the grandmother.
For its part, the SC upheld the CA's decision.
"Between respondent and petitioner, it is [the grandmother] who can better give her full and undivided attention to the minor children and provide them with an environment most conducive to their development," it said.
"This is as opposed to the latter who was deemed unfit, being a habitual drinker and smoker, and who has previously exhibited violent tendencies," it added.
According to the SC, the father may still exercise his visitation rights.
The decision, penned by Associate Justice Jhosep Lopez, was promulgated in July 2024 but published in January 2025. — VDV, GMA Integrated News