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Seeking Legal Advice

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1 Seeking Legal Advice on Fri Nov 09, 2012 5:49 pm

cyrilvs


Arresto Menor
[b]Hello! I am new here. I just want to know if I can ask for a free legal advice here regarding the rights of theillegitimate children? Thank you.

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2 Re: Seeking Legal Advice on Fri Nov 09, 2012 11:09 pm

attyLLL


moderator
rights regarding what in particular? there are many.


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3 Re: Seeking Legal Advice on Sat Nov 10, 2012 12:40 am

cyrilvs


Arresto Menor
I am seeking for free legal advices for a friend regarding the rights of the illegitimate children ages 8 and 12. She has two kids but never been married to the father of her kids. During the first year up to the 3rd year of his first son, he was continuously giving support to his kid by means of sending milk and diapers. He started giving money when the kid started going to school at 2. But he only gives for one-three times only. After few years, when the first son is 4, they accidentally got their second child. During that time, the father has already a girlfriend which happens to be his wife also. After 9 months, when my friend was rushed to the hospital to give birth to their second child, her cousin advised the father that my friend is currently giving birth. He was with his girlfriend according to the cousin. He just simply said, “I will visit". But he did not showed up. The last thing we heard about him was he is already married and residing in Vancouver Canada. His wife and child are here in the Philippines. He was working there as a chef. Last 4 years ago, my friend tries to get in touch with the wife to extend her message to the father of her kids and telling the wife that she needs support for her two kids. The wife said, “Hindi naman nakakalimutan ang obligasyon sa inyo”. But for the whole 8 years, the father did not send any means of support to his two kids. My friend tried everything to find him in Canada. Until she did through a social networking site. She sends the father a message but he did not replied. Until my friend happens to have a talk with the father’s best friend who is also residing in Canada. My friend informs him that the father needs to answer her message since she was filing a case against him. After that, the father suddenly replied to my friend’s message. Only to realize that he replied out of fear since he is aware that my friend will file a case against him. During that time, the father according to him is filing a residency in Canada so he would not want to get in any trouble that will affect his residency. And his wife will not agree with the settlement. They exchanged messages and agreed that my friend will not sue him and decided that he will start sending support. And that my friend should not speak about what they agreed so his wife will not know anything about it.
My friend is asking him the following support:
Allowance amounting to P20, 000 each kid (This includes clothing, food, housing, etc.)
Educational Fees
Medical and Dental Allowances
He started giving support last March of 2012. But he only sends P20, 000-21,000 per month for both kids for their allowance. He paid the educational fees but the medical and dental allowances are included in their allowance. There are times that he failed to give the full amount of P20, 000 for the whole month for both kids. He only sends P12, 000 because he was telling my friend that he was having a family problem. My friend tries to understand him in everything and she did not even argue if he is only sending half of what they agreed.
Last month, the second child was hospitalized due to her asthma (both kids has asthma) with pneumonia. She was rushed to the hospital and needs to be in the ICU. My friend asked for the father’s support but he says he can only give P20,000. He send it to the bank but since the kid stays in the ICU for a few days and transferred to a private room, my friend asked for money again. He send another P30,000. My friend did not finish college and could not even get any job except for selling bows. The hospital bill is over P100K all in all. So she is begging for the father to send money. But he refused to give. So my friend told him to ask money to her mom who is presently residing in Japan. The mother agreed that she will send P50,000 to my friend, but until now the money is still not with her. She just borrowed money from someone with interest so her daughter can go home from the hospital.

My question is, since they are not married, what are the rights of my friend and her kids and is it the father's obligation to shoulder the 100% expenses of his kids even though they are not married? Thanks in advance.


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4 Re: Seeking Legal Advice on Sat Nov 10, 2012 4:14 pm

concepab


Reclusion Perpetua
The father have obligation to the kids but not with the mother. Also, asking the father to bear all the expenses of the 2 kids would be very difficult. She must consider the fact that the father also have his own family to support.

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5 Re: Seeking Legal Advice Today at 7:36 pm

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