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CEBU CITY, Philippines — Working abroad does not automatically make a parent “absent” or unfit to exercise parental authority over their children, the Supreme Court (SC) ruled.
In a decision penned by Associate Justice Jhosep Y. Lopez, the SC’s Second Division stated that an overseas Filipino worker (OFW) mother remains entitled to parental rights and sole custody of her children despite being stationed in France for work.
“The mere fact that a parent works abroad does not automatically render them an absent or unfit parent,” the SC stated.
The case stemmed from a custody dispute after the mother separated from her husband in 2017. Although they initially shared joint custody, the father failed to provide consistent care for the children, frequently leaving them with others without the mother’s consent.
Concerned for their welfare, the mother retrieved the children and placed them under their grandmother’s care, supported by a notarized guardianship document.
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The father later filed a habeas corpus petition, seeking custody on the grounds that the mother’s absence due to her overseas job disqualified her from being their primary guardian.
Both the Regional Trial Court (RTC) and the Court of Appeals (CA) rejected the father’s argument. The SC upheld these rulings, maintaining that parental authority is not diminished solely because a parent works abroad.
“Parental authority is a shared responsibility that does not dissolve simply because one parent is physically distant,” the Court noted.
Despite living overseas, the mother maintained close involvement in her children’s upbringing, remotely supervising them through CCTV monitoring and providing regular financial support.
The SC found the grandmother to be a better guardian than the father, citing his habitual drinking, smoking, and history of violent behavior.
The Court awarded the OFW mother sole custody of her minor children, with provisional custody granted to their maternal grandmother.
The father was allowed visitation rights under strict conditions.
The Court maintained that parental authority remains a joint responsibility under the Family Code, even when parents live apart.
“The welfare of the children remains paramount, and custody decisions must always prioritize what serves their best interest,” the SC said. /clorenciana