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Distressted Father (Child custody / visitation)

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Arresto Menor
Hi, thanks for this forum.


I lived with ANA for 8 years (2003-2011) we are not married. We had 3 children, 2 boys and 1 girl born 2004, 2006 and 2010.

Early months of 2010 while ANA is pregnant, i met LISA. Single, no kids. Later part of 2010, ANA caught me (via internet) of having affair with LISA. I talked with ANA and i told her, im no longer happy. She was devastated but eventually moved on.

Early 2011 (take note that me and ANA were still living together with our 3 children) ANA and LISA met, they talked and Angie said she's okay and have moved on.

June 2011 - ANA had an online foreigner boyfriend HANZ.

September 2011 - ANA informed me that she had GENITAL WARTS (a sexually transmitted disease) i just take note of it, but done nothing since its none of my business, because i have LISA eventhough me and ANA are still living together, just for the sake of the children. I dont know where ANA got the genital warts, but its for sure not from me. Because i am not infected with it.

December 2011 - ANA had a surgery to remove her genital warts. She spend 2 days in the hospital, i take care of her, and brought her home afterwards.

After her hospitalization, i told her that we have to separate houses. I have LISA and she have HANZ, ANA agreed and she moved out January 2012 and left our 3 children at my care.

ANA visits our children every Saturday and Sunday (she used to spend the night) One time, ANA informed me that the money she used for her warts removal surgery was from LISA. And i talked with LISA and she concurs that she loaned ANA 20,000 for her surgery.

I have a home business, so im home all day and night. I take care of my kids, i feed them, shelter, clothings and tuition fees. ANA never helps financially.

MARCH 2012 - ANA fly to HongKong to meet with HANZ for the first time, her online boyfriend.

NOVEMBER 2012 - ANA went to Singapore without my knowledge, not even our children knows. She went there with her college friend for liesure.

DECEMBER 27, 2012 - ANA and I had agreed that our 3 children will spend the new year at ANA's family in Bulacan, i personally brought my 3 children at their place.

JANUARY 2013 - ANA brought my children back to my house, then i talked with her, i informed her that this 2013, i need her financial support for raising our children. She did not agree. She said she will not give financial support because she is the mother. We argued, ANA walked out and went home. I tried to call her, but she's not answering. I made a drastic decision - i told her that we will switch places. She take care of our children, and i will be the one who will give her child support.

I send my 3 childred at her relative's house (less than 200 meters from my house) via a tricycle. That was the last time i saw my 3 children. She took them and brought them in Bulacan and transfered the our 2 elder kids to a public school

After a week, i visited the children, but ANA's angry dad did not let me in, I was not allowed by her father to see my OWN children cursed at me and threaten my life if i set foot in their house in Bulacan again. I immediately went to their Barangay and filed a blotter and i also went to the community police precint in Bulacan and file a blotter as well.

Now im thinking about my next step. Will i pursue visitation or will i pursue custody?


1. me and ANA are not married. We lived together for 8 years.

2. I failed to acknowledge our first 2 children, they uses ANA's surname on their birth certificate. I acknowledge the youngest, she uses my surname on her birth certificate.

3. I was the one who pays the tuition of our kids since they started studying, i pay in check, i have the receipts. A private school.

4. My 2 eldest children, uses MY surname in school. Their kinder diplomas contains my surname, their IDs and report cards.

5. I have a notarized affidavit from some of my neigbors testifying that ANA left our 3 children on my care since January 2012.

6. ANA is employed at PASAY CITY, she left our 3 children to their jobless grandfather to take care of them.


I know i can have a visitation rights. But what are my odds if i pursue custody rights? Do i have a strong case? Thank you very much!

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