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Child custody and Falsification of documents

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1 Child custody and Falsification of documents on Wed Sep 26, 2012 10:34 pm

princessmeh


Arresto Menor
Hi,

I am an OFW. I have two children but were registered illigitimate.. I got married with their father after giving birth to my 2nd child. After my youngest daughter turned 1, I decided to go abroad but used different name, but the same surname(my father's), same date and month of birth but different Year. Because that time, I wasn't allowed to enter the foreign country under aged.(I was 23 then)In short, I have 2 identities right now. One name with passport,single. One is married and it follows my child's BC.

I am not in good terms with my husband after 5 years here in abroad. He became dependent to me. He is Jobless. He even let his mother do his responsibilities as the father of kids like, taking care of them, bringing them to clinic they're sick. When I went home few months ago, I took my 2 kids with me. I managed to buy a land and build a house on it. I want them to stay with my parents and continue their studies in my parent's place. We made an agreement that he will let our kids study where my parent's are. We signed infront of a lawyer, it is sealed. But unfortunately, he disobeyed. He took our youngest daughter with just a few days before my departure back to my working place. His reason- our agreement was void since I am using a different name. I followed him in his mom's place, to have my daughter back but he refused. 2 days before my flight back abroad, his mother came into my place with our daughter. She said, she won't let our daughter's stay apart. I agreed and left Philippines.

Just after a few months ago when am back abroad, he pulled out our youngest daughter again and took with him. He made an agreement with my parents that he will let my child visit her sister but he failed to follow. . Still, he is jobless and again, he wants to take our other daughter.

I can no tolerate this anymore. He is acting like he has a psychological disorder. He never honor's our agreement. Is it possible for me to file a custody for my kids? I have proofs that I never failed to send them support but my problem is, I used my name here abroad. Am really depressed. Please advise. Thank you and regards.

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attyLLL


moderator
if you are not going to personally take custody of your child, i wouldn't recommend filing a court case.


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princessmeh


Arresto Menor
Hi,

Thank you for your response. I already consider myself going back to our country and take the custody for my children. I am also planning to take them with me here in abroad since my employers are willing to sponsor and help them. Would that be possible?

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attyLLL


moderator
in my opinion, it is possible. but i recommend that you try to work out an out of court arrangement.

if i were your husband's lawyer, i would file a case for custody and request for issuance of hold departure order while the case is pending


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[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.
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princessmeh


Arresto Menor
Again, I really appreciate your reply. Can he file a custody even if my children are registered Illegitimate? Any idea how long would it take for a custody battle?

Regards

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