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Father's rights over illegitimate child

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1 Father's rights over illegitimate child on Tue May 15, 2012 9:28 am


Arresto Menor
Good morning,

I am a father of 2. My first son was born from my first gf and we did not get married and separated. I am now married to another woman and we now have a child. Both my children are below 7yrs. old. My ex-gf is not in Dumaguete living with her parents and I’m here in Manila. I give constant support and not once did I fail on sending it to them.

I would just like to clarify a few things:

1. Can my ex-gf change the surname of my first son to hers and/or if she gets married to someone else without my consent?

2. Can my ex-gf use my current marriage and my 2nd son against me to deny me of visitation rights?

3. If in any case my ex-gf marries a foreigner and takes my son abroad (USA), can they have his surname changed?

4. Can I file a case in court to allow my to bring my son here in manila to spend more time with me rather than me just going to dumaguete everytime I want to be with me son?

Since my work is here, its very incovinient for me to go there every 5 months, not to mention to money wasted due to fare. Also, my work can only allow me a few days of leave thats why my time spent with my son is not enough.

5. My ex-gf is giving alot of excuses when I want to talk with my son on skype. same thing with her parents. Before, I speak with him every week on skype, now that i got married, they are giving me lot of excuse (wala sa bahay, tulog anak ko..etc) and sometimes not answering the phone or text if I want to speak with my son on skype. What can I do about this?

6. Also, I already had my lawyer send a letter to my ex-gf to ask that she allow me to see or be with my son here in manila. we never filed a case and now she is using it as an excuse to not let me see my son. what can I do about this?

7. Since my son illegitimate, Can I adopt him? What are the procedures of the adoption? Do I still need the mothers consent even though I am the biological father?

8. According to the law, when the child reaches 7yrs. Old, the court takes his/hers decision into consideration. Well, given the fact that me and my family is being deprived access to my son, the decision will be on sided. With this in hand, what is the best way to battle this circumstances?

9. Is the ruling for custody or rights of visitation different than of the one were the child is below 7yrs. old?


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2 Re: Father's rights over illegitimate child on Thu May 17, 2012 7:26 pm


1)through adoption, yes
2)she can deny you visitation, and you'll have to take legal action to enforce your rights
3) through adoption, yes
4) yes, but you'll have to be willing to pay for it. and you have to file it in dumaguete
5) file a case for enforcement of your rights if she refuses
6) ah, you already have a lawyer. you should discuss this with him considering he knows more about your case.

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