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Biological father

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1 Biological father on Fri Mar 22, 2013 3:54 pm

erialc


Arresto Menor
Good day!

I have a child out of wedlock, we cannot marry. A good opportunity came to me and brought my child with me out of the country. In the 7 years of working abroad, I stand raising my child alone, without any financial support from the child's biological father. Now we are back in our country, the father of my child wants to interfere with our life saying that he wants to have support. If I'll be asked, I don't want the kind of setup that us seeing and making good with the father since he wasn't been with us despite the efforts I made for him to follow us. I want to live a quiet life since I just got married and my husband now want to stand as the father of my child.

Your kind advice will be highly appreciated.

Thank you.

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2 Re: Biological father on Fri Mar 22, 2013 8:42 pm

jd888


moderator
the father of my child wants to interfere with our life saying that he wants to have support.

The Biological Father is asking for support from you?

Seriously a "NO" "NO".


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3 Re: Biological father on Tue Mar 26, 2013 1:54 pm

erialc


Arresto Menor
Yes, before he was asking or should I say begging for a support from me, of which sad to say I sometimes give him some, that was at least for the first 4 years when we were away, of which I eventually already stopped.

Now, I mean to say is that the father of my child wants to give financial support. But which I doubt because when I asked him to for a certain amount, he said he cannot give what I am asking. What I feel here is that he just want to make trouble/confusion or interfere with our new life. Is it possible or is there any law that I can lean on just to say that I want a quiet life without the biological father of my child?

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4 Re: Biological father on Tue Mar 26, 2013 10:06 pm

attyLLL


moderator
he will always have the right of visitation to his child along with the obligation to provide support. but if you withhold the right, then he'd have to file a case to enforce it.


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5 Re: Biological father on Wed Mar 27, 2013 4:43 pm

erialc


Arresto Menor
Atty, how about if he is not giving any financial support, is he still eligible to that visitation right?

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6 Re: Biological father on Thu Mar 28, 2013 8:22 am

jd888


moderator
It does not follow that just because the child is under the sole parental authority of the mother, the biological father has no right over the child. The latter has a right to see or visit the child. This is the pronouncement of the Supreme Court in the case of Joey D. Briones vs. Maricel P. Miguel (G.R. No. 156343, October 18, 2004, 440 SCRA 455), to wit:

“We likewise affirm the visitorial right granted by the CA to petitioner. In Silva v. Court of Appeals, the Court sustained the visitorial right of an illegitimate father over his children in view of the constitutionally protected inherent and natural right of parents over their children. Even when the parents are estranged and their affection for each other is lost, their attachment to and feeling for their offspring remain unchanged. Neither the law nor the courts allow this affinity to suffer, absent any real, grave or imminent threat to the well-being of the child.”

Thus, you cannot deny your ex-boyfriend his right to visit your child. However, there is no law mandating the frequency and the manner on how your ex-boyfriend shall exercise this right, it depends upon the consensus of both you. He cannot compel you to agree on the date and time he wishes to see the child.


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7 Re: Biological father Today at 6:27 am

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