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Demand letter from mother of illegitimate children (unmarried)

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inacourtoflaw


Arresto Menor
Situation: Father and mother are unmarried and have a child together. The father's name is on the birth certificate. Support has been provided (inconsistently) by the father and the mother is now threatening to file a demand letter for 50% of his pay cheque for the support of the child. The father wants nothing to do with the mother any more (dysfunctional relationship neither good for both parental parties nor the children in the long run) and would be willing to give up his children to cut off all ties with the mother.


Query: Would the demand letter still stand? The mother threatens jail time as well, is that within the realm of possibility if the father wants no custody over the children?


The father would like either full custody or no custody of the children as join-custody has been proven to be more destructive than anything else.


Would greatly appreciate help on this - will reply if there are any questions. Thank you



Last edited by inacourtoflaw on Tue Oct 09, 2012 6:36 pm; edited 1 time in total (Reason for editing : clarification)

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inacourtoflaw


Arresto Menor
Scenario: Father and mother are unmarried and have a child together. The father's name is on the birth certificate. Support has been provided (inconsistently) by the father and the mother is now threatening to file a demand letter for 50% of his pay cheque for the support of the child. The father wants nothing to do with the mother any more (dysfunctional relationship neither good for both parental parties nor the children in the long run) and would be willing to give up his children to cut off all ties with the mother.


Would the demand letter still stand? The mother threatens jail time as well, is that within the realm of possibility if the father wants no custody over the children?


The father would like either full custody or no custody of the children as join-custody has been proven to be more destructive than anything else.


Would greatly appreciate help on this - will reply if there are any questions. Thank you

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arden2603


Arresto Mayor
The demand would stand, its the duty of the parents to support their child.

The case is civil in nature, no penalty of imprisonment is imposed.

Regarding the custody, as a general rule, child below 7 years old shall be in the custody of the mother, however, there is an exception to this rule that the contrary may have the custody if the court finds compelling reason to do so.

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