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Asserting my right to my daugher

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1 Asserting my right to my daugher on Fri Jun 22, 2012 12:52 pm

Dissenting_opinion


Arresto Menor
My wife and I lived in her parents' house. I don't really like staying in their house. I always insist that we shall rent apartment, however, her parents and my wife disliked it. "Nakakahiya sa kapitbahay nila" was the reason of her mother. My wife and I had petty misunderstanding on money matters due to her mismanagement on our finances. Her parents usually asked money from her which are taken from my income with out my consent. I believed that our misunderstanding was patched up. On the following, while i was at work, her father brought back our things to my parents' house. I was surprised when my parents informed me about it. It was painful that they even returned the crib of our daughter who was just 6 months old.

I tried to patch up our problem but it turned out to be futile. I was not allowed to stay with them (my wife and my 6 months daughter) in one house. However, I was so insistent to visit my daughter. Initially, i was allowed. I always bring milk, water, clothes,and other needs of my daughter every time i visited her. I never missed a week to see my daughter. Every time i visited my daughter, my wife was not in their house. If I asked her parents about my wife, they would just simply answer that they do not her whereabouts.

There were days that i was deprived to see my daughter. I refused to open doors but i was assertive and sometimes I needed to volume my voice so they would the gate.

There were days that my daughter suffered cough but my mother-in-law refused to allow me to bring my daughter to the doctor.

Until it reached the day that they deprived me to see my daughter. I was surprised on the day that i visited my daughter, my wife's mother told me that they (my wife and my daughter,she was already 1 year old and 4 months) left with out their (My wife's parents, sister and aunt and uncle)knowledge. They left their house a day before i visited my daughter. And they have not informed me about it. On their facial expression, they do not look that they are worried.

Because I was so worried about my daughter, so I raised voice and asked them what did they do when they knew that my wife and my daughter were not already in their house.
I had a hot conversation with them and their reasons were all illogical. her mother even brought out the issue on Official Transcript of Record of my wife. They were so insisting that i should pay it. The truth was, My wife was already a graduate and even took her board exam before we got married, hence, it should be her parents has the responsibility to pay it and I never knew about it. I came to know, when i asked my wife (we were still living in one house) if she wants to work. my wife finally revealed that her OTR was not yet released because they can not pay their balance of P14,000.

I blotter the incident that my wife and my daughter left their house with out their knowledge to the baraggay and police. Until one day, through our friends, my wife's parents through her mouth, that my wife asked permission from her parents which was in contrary to the conversation of her mother to me, when i visited my daughter.

I decided to go to PAO and we met. I asserted my visitorial rights to my daughter, but they are reluctant.
What legal action shall I do?
Supposed, that they will not admit all the facts i'll be including to my petition:
a. her father brought back all my things to my parents' house
b. they will deny that i visited my daughter and support her need like milk, water, clothes. solid foods and the like
c. they deny that i set for mediation in PAO
d. they will insist that it was her parents who provided everything, the needs of my wife and my daughter and including me. The truth is I have work. My income can sustain our needs.

I just simply anticipating things, attorney.

If my petition is already in court and my wife refuse to appear in court, how could the judge be convinced to compel the presence of wife, because, i have this fear that she is not already in the Philippines?
If I will file for annulment, what is the possible ground?
Thank you attorney.

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2 Re: Asserting my right to my daugher on Fri Jun 22, 2012 2:30 pm

attyjoyce


Reclusion Perpetua
Hi Dissenting_opinion.

As a father, you have rights over your child. In law, if the child is below 7 years old, usually the custody should be with the mother if the mother and the father should separate; however, it does not mean that the father is deprived of his rights over the custody of his child. Visitation rights shall be granted to the father. In exceptional circumstance, custody of the child may be granted to the father IF it can be clearly shown that the WELFARE AND BEST INTEREST OF THE CHILD can be best served if he/she is with the father.

You may file for an annulment case against your wife or you may file for a petition for declaration of nullity of your marriage. There are different grounds that may be used in filing these cases; it may be lack of essential and formal requisites of marriage, or it may be psychological incapacity.

It may be granted even if your wife is abroad; however, proper service to her of notices and court orders should be done. This is only possible if you know where she is. There are different government agencies that can help you locate the whereabouts of your wife and child.

For more free legal information about the matter, please check out www.domingo-law.com

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3 Re: Asserting my right to my daugher on Mon Jun 25, 2012 2:09 pm

Dissenting_opinion


Arresto Menor
Can i directly ask from the Bureau of Immigration or DFA with out order?
Thanks, attorney

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4 Re: Asserting my right to my daugher on Mon Jun 25, 2012 5:50 pm

attyjoyce


Reclusion Perpetua
Based on what I have learned from our other cases, The Bureau of Immigration cannot just release information about a person without an order from a court. I think this goes the same to other government agencies.

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