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Mother's Voluntary Transfer of Child Custody to Father (Pls reply ASAP)

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MARIE0801


Arresto Menor
Good day!

I would like to ask for legal advice in the following scenario:

My brother (married) is an OFW and has an illegitimate child, aged 4, from another woman (not the wife). The child does not bear my brother's surname.

Currently, this woman has already a family, and my niece, being an illegitate child in their family, is being neglected, kumbaga, napapabayaan na ng nanay dahil may sariling pamilya na sya. Whenever we visit the child, we could see the child na madungis tapos may pasa/sugat pa dahil daw sa pagkadapa, etc.

Recently, her mother asked my father to just get the child since she could not attend to her anymore. Now, she keeps on texting my parents on when will they get the child.

My questions are:
1. Can the mother transfer the custody of my niece to my parents in absence of my brother who is abroad?
2. Can this be settled out of court since its voluntary on the part of the mother, or should we take this to court?
3. In case we can settle this out of court, what are the documents needed?
4. Kapag nasa amin na ang bata and the necessary documents have been signed, wala na bang habol ang mother nya? or possible pa din na makuha nya ang bata in the future?
5. Should we also apply to change the surname of the child once na sa amin na sya?

Thanks and I appreciate the soonest replies!

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raheemerick


Reclusion Perpetua
http://www.adopting.org/adoptions/learn-about-adoption-the-legal-process.html

try to review this procedure for adoption:)

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MARIE0801


Arresto Menor
raheemerick wrote:link for adoption
try to review this procedure for adoption:)

Thanks for the reply.

Adoption po ba kagad ang solusyon dun, di pwede na transfer of custody muna?

Further comments are mostly appreciated.

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raheemerick


Reclusion Perpetua
hndi dala ng bata ang fam name ng brother mo right? so i sugest sa adoption mo daanin para makuha nyo lahat ng rights sa bata. pag kasi transfer of custody? may period yan.. so pag dumating yung time of period after nyo mag invest ng feelings sa bata and evrything. the mother can take her from your side at wla kayu don magagawa. so its better na sa adoption mo na lang daanin para mas maayus and for the best and lifetime. mas madali ang process nyan kasi wiling naman makipag cooperate ang mother nung bata.

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MARIE0801


Arresto Menor
Is it possible na ang parents ko nalang magampon sa apo nila?

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concepab


Reclusion Perpetua
MARIE0801 wrote:Is it possible na ang parents ko nalang magampon sa apo nila?

yes.

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MARIE0801


Arresto Menor
How is the adoption process here in the Philippines? Any idea on how much would it cost us?

Thanks for all your inputs.

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concepab


Reclusion Perpetua
MARIE0801 wrote:How is the adoption process here in the Philippines? Any idea on how much would it cost us?

Thanks for all your inputs.

there are many steps and procedures to follow. orientation ng biological parent(s), nung mag-aampon,, etc. etc. you can contact your local DSWD to assist you.

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attyLLL


moderator
adoption would be the permanent solution.

but considering the situation, your parents can get the child immediately. i recommend writing up some agreement that she is turning over custody to them, but even that is not necesary.


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raheemerick


Reclusion Perpetua
o kitam:) tama ang sugestion ko. hehehehe:)

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