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who has the legal right for my son and legal right to get him a passport

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iguepoy


Arresto Menor
good morning

ask ko lang po ano dapat kong gawin kung yung anak ko na nasa poder ng tatay nya at hiniling ko ikuha ng passport dahil gusto ko ipasyal sa hongkong at dahil nasa ibang bansa ako kaya hindi ko magawang ikuha sya ng passport pero tumanggi ang tatay nya. pero illegitimate child po sya at ang tatay nya ngayon eh may asawa na. at ang anak ko ay nasa poder nila dahil nga andito ako sa ibang bansa. please advice

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jd888


moderator
How old is the Child? Okay, if the child is a Minor, then you should be taking care of the child. This is because the parental authority over an illegitimate child is exercised only by the mother (Article 176 of the Family Code of the Philippines as amended by Republic Act (R. A.) No. 9255).

I don't see much option for you except for, you really need to ask the Father's Permission, because he appears to be the legal guardian, and the one taking care of the Child.

Such a good father.


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iguepoy


Arresto Menor
Thanks for the reply. Sorry i didn't said that his father too is working abroad as a seaman. and he left my son to his wife and his Mother. So u think i don't have any right or any option to take back my son? I really wanted to get my child back.

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attyLLL


moderator
you have every right to get him back, but you cannot compel them to apply for a passport for him


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