Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

WAIVER OF PATERNAL CUSTODY EXCUSE TO GIVE CHILD SUPPORT?

View previous topic View next topic Go down  Message [Page 1 of 1]

lampatotowife


Arresto Menor
DEAR ATTY,
i HAVE FILED A CASE OF VIOLATION OF RA9262 TO MY HUSBAND FOR FAILURE TO GIVE CHILD SUPPORT LAST JULY 2012.HE DID NOT GIVE ANYTHING FOR OUR SON FOR ALMOST 15 MONTHS.
HE FILED A CIVIL CASE OF ANNULMENT RE:SEVERAL IRRESPONSIBILITY AND IMMATURITY AND I HAVE ANSWERED HIM TO COUNTER CHARGE PSYCHOLOGICAL INCAPACITY RE:NOT FULFILLING MARITAL OBLIGATIONS.THERE IS NO REPORT OF COLUSSION YET.BUT PRIOR TO THAT I FILED A CASE OF RA9262 DOMESTIC VIOLENCE AGAINST HIM.HE COUNTERACT THAT BY ANNULING MY MARRIAGE WITH HIM.
NOW THE QUESTION IS,HE WANT TO WAIVE HIS PARENTAL RIGHTS OVER OUR SON.IN ORDER FOR HIM NOT TO SUPPORT.HE ALSO WANT TO WAIVE HIS CUSTODY.HE TOLD THE PROSECUTOR THAT HE DOESNT WANT TO SUPPORT AND HE CAN ONLY SUPPORT IF I WILL AGREE THAT THE JOINT ACCOUNT(MY OWN MONEY) WILL BE USED AS HIS SETTLEMENT OF THIS DISPUTE.FURTHERMORE HE TOLD THAT THE DONT HAVE ANY MONEY AND HE IS JUST DEPENDENT TO HIS MOTHER.
MY HUSBAND IS AN EX-OFW, A NURSE WHO PREVIOUSLY WORKED IN LONDON AND SINGAPORE.THEIR FAMILY OWNS A FURNITURE FACTORY AND MOST OF HIS SIBLING HAS A GOOD WORK.
EVEN IF THIS IS THEIR ECONOMIC CATEGORY HE DOESNT WANT TO SUPPORT HIS OWN SON,HE WANT TO ISSUE A WAIVER TO REMOVE HIS PARENTERAL RIGHTS AND CUSTODY BUT HE WANTS A WEEKLY VISITATION.
MY QUESTION:
IS IT LAWFUL FOR THE PROSECUTOR TO PROCEED MY CASE TO THE JUDGE?
IF THE RESPONDENT IS CURRENTLY ADMITTING HE IS JOBLESS?HE DONT WANT TO WORK.
WILL MY CASED I FILED BE DISMISSED BECAUSE HE CLAIMED RES JUDICATA IN MY PART WHEREIN THE FIRST CASE WAS DISMISSED RA9262 DOMESTIC VIOLENCE DUE TO LACK OF EVIDENCE AND NOW RA9262 FAILURE TO GIVE CHILD SUPPORT?
WILL THERE BE A PREJUDICIAL QUESTION IF THE CASE IS PENDING ANNULMENT RE:CUSTODY CASE.
WILL THERE BE A FORUM SHOPPING IF I HAVE FILED THE CASE IN MY TOWN RATHER THAN HIS TOWN?
THE MERE ACCUSATIONS HE FORETOLD ABOUT PERJURY IN THE INVESTIGATIVE DATA FORM IN THE COMPLAINT AFFIDAVIT WILL I BE LIABLE?
I NEED AN HONEST AND LAWFUL ADVICE.THANKS.

View user profile

attyLLL


moderator
can i ask first whether you have your own lawyer?


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

lampatotowife


Arresto Menor
atty,pao po ang lawyer ko.ang sabi naman nila hindi naman po daw res judicata,pero may doubt pa rin ako.Considering the case is so complicated.

View user profile

attyLLL


moderator
i think the pao has done well with you so far. if the case has been forwarded to the court, the prosecutor is now your lawyer.

his waiver will have no effect.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

lampatotowife


Arresto Menor
tHANKS FOR YOUR REPLY ATTY.THE CASE MUST REALLY PROCEED BECAUSE I WILL NOT AGREE ON ANY AMICABLE SETTLEMENT.MY REPLY IN THE COUNTER AFFIDAVIT WILL RE ENFORCE MY EX TO COMPLY IN MY CHILD'S LEGAL RIGHTS THAT HE WANT TO WAIVE.ALTHOUGH I HAVE ALWAYS COMMUNICATION WITH THE DSWD AS WELL AS THE PNP REGARDING THIS MATTER.FURTHERMORE;THE CASE I FILED WHICH HAS BEEN DISMISSED IN PAMPANGA FOR SURE I WILL RE OPEN IN DUE TIME.I AM JUST WAITING FOR THE DECISION OF OUR PROSECUTOR IN RIZAL.BECAUSE I GUESS THAT WITH REGARDS TO CHILD'S RIGHT OUR LAW IN THE PHILIPPINES IS VERY STRICT AND OUR GOOD PROSECUTORS WILL FIGHT FOR IT.I ALSO THANK THE PAO DOJ WITH THEIR HONEST ANSWER IN THE PHONE WHEN I DISCUSED MY ISSUES.
SOMETIMES THE TACKTICS OF THE DEFENSE IS QUITE CONFUSING BUT IF YOU STICK TO THE FAMILY CODE OF THE PHILIPPINES FOR SURE YOU WILL NOT MISSED ANYTHING...THANKS

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum