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Can i take back my illigitimate children now my ex went abroad

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knowles


Arresto Menor
hi, just a quick question...

my ex (unmarried) went abroad, we have 3 illigitimate kids (8, 6, 2) i failed to acknowldge the first 2 child, but i did on the youngest.

my child lives with me eversince(7 years) i shouldered everything, shelter, food, schools, clothings etc etc (i have receipts). but before my ex went abroad to live with her foreigner BF, she took the 3 children and bring them to her father in the province.

Now that the mother is no longer in the Philippines, what right do i have? can i take my children back?

my former father in law is very hostile towards me, he's not even allowing me to see my own children.

is my former father in law has more right than me as a father for custody of my own children?

hope someone can answer this, it will be a great deal of help. thanks

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ibonidarna


Reclusion Perpetua
Considering that the children are illegitimate, the parental authority shall be exercised solely by the mother. Hence, you cannot have the custody of the children.

Due to this, the right of the grandfather over your children is greater than yours since the same comes from his daughter, the mother of of your children.



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knowles


Arresto Menor
thanks for the reply...

Even the mother is in another country?

how about our youngest daughter? i acknowledged her birth certificate and she is using my surname.

Thanks

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knowles


Arresto Menor
bump

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attyLLL


moderator
In my opinion you have greater right to custody than the grandfather because the rights cannot be exercised by proxy. But you will have to take legal action if they refuse to allow it. Start by filing a complaint at the bgy


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ibonidarna


Reclusion Perpetua
@knowles

Acknowledged or not, the child is still illegitimate. As such, Article 176 of the Family Code which grants sole parental authority of the illegitimate children to the mother applies.

The mere fact that the mother is abroad does not make her unfit to be deprived custody of the child.

In a similar case I handled, I used this jurisprudence
Briones vs. Miguel et. al G.R. No. 156343. October 18, 2004 as the center of my argument.

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knowles


Arresto Menor
attyLLL and ibonidarna thanks for your replies. Eventhough its kinda conflicting, i will try to pursue this matter, i have now endorsed by DSWD Manila to the DSWD of their province hoping that they can assist me.

Im not a perfect dad, but for the last 8 years, i have been hands on of taking care of my 3 children. I gave them shelter, education, food etc. i hope the court will merit my claim.

I am the one who's there with my children in every events like graduations, birthdays etc. i can supply the court videos and photos hoping that it can merit my case.

thank you very much.

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