Jauhn Etienne Villaruel

Children play at the housing complex for evacuees in Marawi City on October 15, 2022. Jonathan Cellona, ABS-CBN News/File

Article (news)

Children

Adrian Ayalin

ABS-CBN News

MANILA — The Supreme Court has stressed that an overseas Filipino worker (OFW) does not lose parental and custody rights over his or her children for working abroad and being “absent” at home.In a decision of the 2nd Division promulgated on July 22, 2024, the court denied the petition for certiorari filed by a father against his estranged wife.The court awarded the sole custody of the two minor children to the mother, with provisional custody given to the maternal grandmother. The case stemmed from the separation of the couple in 2017 after four years of marriage.The mother later moved to France for work and left the children under the father’s care. When the mother later on learned that the father would leave their children with other people without her consent, she took the children and executed a notarized document naming her mother as the children’s guardian in her absence.The father then filed a petition for habeas corpus seeking custody of their children, arguing that his former wife was “absent.&quot;The Regional Trial Court awarded the mother exclusive parental authority and permanent custody of the children, citing Article 220 of the Family Code.In the mother’s absence, however, the RTC placed the children under the care of their grandmother and the father was only granted visitation rights.The Court of Appeals then granted joint parental authority to both parents but the mother was granted sole custody and the maternal grandmother was granted provisional authority.<div><a href="https://www.abs-cbn.com/focus/09/09/17/most-asian-parents-support-children-over-18-study-shows">Most Asian parents support children over 18, study shows</a></div>“As applied here, the mere fact that a parent is an overseas Filipino worker does not deprive them of their right to exercise parental authority or sole custody,” the court said in the decision penned by Associate Justice Jhosep Lopez.The court said that between the maternal grandmother and the father, it is the former who can better give her full and undivided attention to the minor children and provide them with an environment most conducive to their development.The court chose the grandmother over the father, based on the “findings of fact” by the RTC and affirmed by the CA.“This is as opposed to the latter who was deemed unfit, being a habitual drinker and smoker, and who has previously exhibited violent tendencies,” the court said.As a last point, the court also stated that “all is not lost” for the father.“As the dire situation brought about by COVID-19 in the country has improved, petitioner is neither constrained nor deprived from continuing to exercise his visitation rights to nurture his bonds with his children,” the court said.<div>RELATED VIDEO</div><div><iframe width="640" height="360" src="https://www.youtube.com/embed/rM_ztzmVn5U?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe> </div>

The Supreme Court has stressed that an overseas Filipino worker (OFW) does not lose parental and custody rights over his or her children for working abroad and being “absent” at home.

The Supreme Court has stressed that an overseas Filipino worker (OFW) does not lose parental and custody rights over his or her children for working abroad and being “absent” at home.

SC: OFWs do not lose parental rights over children for being 'absent'

News

Entertainment

Lifestyle

Sports

Metro.Style

More

BINI

Sudoku

Word of the Day

Lotto

Horoscope

Nation

SC: OFWs do not lose parental rights over children for being 'absent'

Adrian Ayalin,

ABS-CBN News

Published January 31, 2025 05:48 PM PHT

Read More:

OFW

parenting

mother

father

parents

children

SC

Supreme Court

ANC

ANC promo

ABS-CBN Newsletter

Your go-to source for the latest news, entertainment highlights, exclusive interviews, and updates on your favorite Kapamilya stars.

ABS-CBN Newsletter

Your go-to source for the latest news, entertainment highlights, exclusive interviews, and updates on your favorite Kapamilya stars.

Sign Up

I have read and agree to the Terms and Privacy Policy.

ABS-CBN is the leading media and entertainment company in the Philippines, offering quality content across TV, radio, digital, and film. Committed to public service and promoting Filipino values, ABS-CBN continues to inspire and connect audiences worldwide.

Corporate

Investors

Governance

International Distribution

Corporate

Governance

Investors

International Distribution

NPC Seal of Registration

Privacy Policy

AI Policy

Terms of Service

Advertise with Us

© 2026 ABS-CBN Corporation. All Rights Reserved.

NPC Seal of Registration

Privacy Policy

Terms of Service

AI Policy

Advertise with Us

© 2026 ABS-CBN Corporation. All Rights Reserved.

NPC Seal of Registration

Privacy Policy

Terms of Service

AI Policy

Advertise with Us

© 2026 ABS-CBN Corporation. All Rights Reserved.