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child custody for widower foreign parent

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1 child custody for widower foreign parent on Mon Mar 25, 2013 2:12 pm

happyland


Arresto Menor
Hi,
I am looking for some legal advice concerning the sad situation i am now in.

My beautiful fiancee passed away two weeks after our son was born (late jan). I was there for the birth and while she was sick but after she passed i had to come home for work reasons. While i have been at home i have obtained for my son Australian citizenship and am now in the process of applying for his Australian passport with the notion of bringing him to me in australia in the next couple of months. My son has been staying with his grandmother and two aunties and one uncle in Cebu. Lately i have been getting disturbing emails how the grandmother is acting like he is her child had has made mention of taking him and looking after him herself. This distresses me to say the least. If anything like this happens where do i stand in regards to custody? Can the law there grant her custody over me, his father? i have been away for a couple of months but only because he couldn't travel. I have no criminal records, work full time and there are no reasons why i wouldn't be a good parent except he is my only child so i'm inexperienced.

I know in australia custody would go to the father unless he is unfit. Can somebody please tell me how this works in Philippines Law?
thanks you,
christian.


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attyLLL


moderator
with the death of the mother, you will be in good standing to gain custody.


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happyland


Arresto Menor
This is what i thought but still i worry because this is not my country and my son means everything to me. I have emailed his grandmother informing her of my plans to bring him to australia in june. I wait for her reply but if it's negative then i will get legal representation asap and will bring him home earlier.
thanks for your reply.

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attyLLL


moderator
i recommend that you take action as early as possible.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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happyland


Arresto Menor
I have heard back from them but they haven't declared their hand completely except that they need more money which is fine as long as it's going on the baby. I will start searching for law firms in cebu online today any recommendations would be appreciated...

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