Do my husband had the right to take my daughter?

Cham

Philippine law provides that a child under 7 years of age will not be separated from the mother. Archaic and stupid, but that is the law. However it is a rebuttable presumption if the father can prove unsuitability, and in this case, he has that because you have little to no income. He can very well win the case unless you increase your income to the level that you are capable of providing for the child on your own with minimal child support.

If you cannot do that, under Philippine law, you are deemed unsuitable and he will likely win the case.

Edit:
No ma'am I am not Filipino, but I have began studying International Law. The information in found in the Family Code

http://jlp-law.com/content.php?id=1303&subId=Executive%20Orders

You're very welcome.

Best of luck to you. I believe those laws are archaic and wrong on more than one front. Do your best for the child and make sure to remove personal feelings towards your husband from that. Your co-parenting relationship with your husband is until death parts you...make it work.

Winter is over... yay!

Well, is the daughter HIS too? If Yes, then yes, he has a "right to take her", just like you do, you didn't make that child alone now, did you?

Forlorn Hope-only 5 suspensions

if he gets a good lawyer, YES, he could take away your daughter...

Complicated

Shared custody, 50/50, no child support is the right thing to do. Neither of you should "take" your daughter. Focus on finding a solution that prioritizes the childs needs over your own. She needs both her parents. Make it happen.

labellemere

Actually if he more capable of financially supporting her and providing a home, then he may well end up with the child.
Courts these days are more willing to consider the father as the first choice.
My hubby won his kids because of this-his ex couldn't support the kids without thousands in support, but my hubby could do it with nothing from her and provide a home with two parents after we got married. He got the kids.
***THESE DAYS IT HAS NOTHING TO DO WITH YOU BEING AB UNFIT MOTHER. Courts are now REQUIRED to go with the parent best able to provide a stable life most like what the child has become accustomed to. Many people don't believe the archaic myth that kids are better with moms. Much research has been done into this, with the determination that both parents are equally valuable to kids. This doesn't mean that either parent is bad, just that one parent can fill these roles more easily

BTW, the child is HIS TOO. So if YOU have a right to take her, then he does too. You didn't make her by yourself, she is equally BOTH of ya'lls

ETA-hon, the judge may say that he gets her because he can provide without your money, but you CAN'T provide as well. I am sure you love her, but love isn't the only thing one needs to raise a kid. And I'm sorry, but it sounds like you are BOTH using your daughter against each other by threatening one another.

ranger_co_1_75

Your syntax indicates you are not an American. It would help if we knew what country you live in as the laws are different in each country.

In the USA you go to court and the judge decides who gets the children based on what is best for the child. A toddler would definitely be better off with it's mother, unless the mother uses drugs or some such thing.

The person who does not get the child still has to help support the child and send the child money each month. The judge will decide how much support money based on how much the person earns.

astutewoman

Dont go back to work yet.. get the divorce first.. when you separate have an attorney ask for an 'emergency support order'... your husband is lying.. low income does not mean ****,.. if you can get him to email you that bs threat, use it against him in court...

barbie

the only way that he can take your daughter away from you is if you were a bad mother. Do you smoke,drink,not responsible,abusive,etc. But if you are a good fit mother, then you have nothing to worry about. You are the mother and you gave birth to your daughter so basically she is more your than his... yeah sure he may be the father, but has he been there for her like a mother is. Taking care her of 24/7 and making sure she is well. You should get a job, maybe a part time job if you don't have anybody to babysit your daughter,and think about getting food stamps or help from the gov. you need to have proof that you can support your daughter with at least something that you can do. Low income or not you're still getting something, better than nothing.Make sure you have your daughter under your name at all time and if he want child support then go ahead the check is going to be send to you..and your daughter. Good Luck!

Shelby

The only way a court can take away your daughter is if they think you are an unfit mother. If your low income has put you on welfare then and you can't pay your bills on time then they might take her away but usually they won't.

jude

if u live in the usa, he doesn't have the right to take her. he might just have to pay u if u don't make enough money. if u live in another country i don't know about that.

Douglas B

That is why they have child support, so he still helps pay to give her room and board. It's the right thing to do and he won't have a leg to stand on.

mellow_26241

No court system is going to take your child away without reason. In your case you are married so it will be most likely 50/50 custody and he will have to help you with money. not just child support but maybe go for alimony too. Court system will not look down on you because of lack of money the jov market is down anyhow.

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