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Denying visitation rights from father

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1 Denying visitation rights from father on Sat Jun 15, 2013 1:08 am

Russiandoll


Arresto Menor
I have a 7 year old daughter na ako po ang tumustos sa lahat ng pangangailangan mula ng pinanganak sya. hanggang ngayon sa school ako parin. matagal na po kaming hiwalay ng tatay nya dahil hindi rin naman po sya sumusuporta dahil wala syang trabaho at kahit ng nagkawork sya, wala parin.Nung una ayos lang sakn na hinihiram nya ang anak ko kaso pagbalik sakin ng anak ko nag iina na ang ugali. marami syang sinasabi na kesyo wala daw syang pangkain, walang pera etc. syempre ang anak ko nasstress umiiyak lagi. pinagsabihan ko na wag nyang stressin ang utak ng anak ko lalo pat sarili naman nya ang pera nya. kaso ay hindi sya tumigil. madalas pa sinasama nya ang anak ko sa mga barkada nya habang nagiinom. lumayo kami ng anak ko, kaso hinaharrass nya sa text ang ma ko. ayoko na mastress ang utak ng anak ko dahil dapat pag aaral lang ang iniisip nya ngayon. hindi po kami kasal.

dahil alam ko na ako ang may sole right sa custody ng anak ko, ask ko lang kung pwede ko ideny ang visitation rights from him? may history ang family nila lalo na tita nya na mang deceive. kunwari ipapasyal lang ang bata pero tinatakbo na nila sa malayong lugar (bacolod or kahit saan ) ginawa na nila to before. ayokong ipahiram sa kanila dahil siguradong ittakbo nila anak ko. hindi po kami kasal.

ask ko rin kung pwede kong palitan ang last name ng anak ko? kung sakaling malaman ko na hindi registered ang birh cert nya da nso, pwede ba palitan last name nya when i file for late registered? thanks po

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2 Re: Denying visitation rights from father on Sat Jun 15, 2013 1:24 am

udmlaw


Reclusion Temporal
VISITATION RIGHT - try ninyo po kumuha ng PROTECTION ORDER sa korte pero kailangan mapatunayan mo na ikabubuti ninyong mag ina na hindi kayo pupuntahan ng tatay kunwari mananakot. Magulo kasi kung ano ibig sabihin ng harass kasi ang totoo ay may visitation right talaga ang tatay.

SURNAME - nakalagay ba pangalan ng tatay sa birth certificate at pumirma ba sa likod? Kung oo ang sagot sa dalawa e baka po mahirapan kayo ipaalis ang apelyido ng tatay dahil ang paggamit ng apelyido ng tatay ay para sa benepisyo ng anak at hindi para sa nanay o tatay talaga. Maari ninyong subukan ipasampa sa korte at ipacorrect ang birth certificate ng bata para apelyido ninyo ang dalhin at blanko na lang ang middle name pero depende po sa hukom at baka sabihin na mas mainam na hintayin na lang makarating sa tamang pagiisip ang bata para ang bata na ang magdesisyon.

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3 Re: Denying visitation rights from father on Sat Jun 15, 2013 10:16 am

Russiandoll


Arresto Menor
When i say panghahaharrass in a sense na tinetext nya ang mama ko nh walang tigil. nung una ako rin pero nagpalit na ako ng number. siya pa ang nananakot na kokonsulta sya sa abogado where in fact ako ang nanay at ako ang sumoporta sa anak ko ever since. ayoko nalang matrauma ang utak ng anak ko at mastress kasi lagi syang nagpapaawa. kesyo wala na daw syanh makain, wala daw syanh matirahan. pero may stable job sya at ni piso walang binigay na suporta samin. tapos papalabasin nya na ako ang masama sa mata ng anak ko.

is there such thing nanprotection program ang pwede kong hingin mula sa korte? about sa surname, oo nakapirma sya kasi nasakop kami ng family code wherein pag na acknowledge ang bata pwede na gamitin last name ng father eh. how about adoption? i am now married and pregnant and my husband wants to give his name to my daughter and she has no attest to it. tutal sila narin ang naging magkasama. i was also worried na guluhin nya pa anh pamilya
namin dahil mahilig mang brain wash anh pamilya nya.

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4 Re: Denying visitation rights from father on Sat Jun 15, 2013 10:19 am

Russiandoll


Arresto Menor
Can i use na grounds to deny his visitation rights yung unwillingness nyang magbigay ng suporta sa anak ko? At yun pagsasama nya sa anak ko with his friends habang nagiinom sila? i dont think its a best practice lalo na kahit kelan hindi ako nagpapakita sa anak ko na umiinom ako or nagyoyosi man lang

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5 Re: Denying visitation rights from father on Sat Jun 15, 2013 10:59 am

carl434


Arresto Mayor
no you can not! thats another case. if support you want file that case.... but you have no right to deny a person from seeing their child. male or female.

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6 Re: Denying visitation rights from father on Sat Jun 15, 2013 11:17 am

Russiandoll


Arresto Menor
whats your basis? and whats with with the exclamation point? you never even bothered justifying your point that i cannot deny someone from seeing my kid. Obviously your comment is based on whatever emotional issues youre having. 

i would appreciate if someone will comment about my query who knows something about the law and what are the legal steps I could take from here. Thank you.

and oh, i dont want a support. I want a protection for my daughter and to forbid his father from gettinclose to her for her own benefit.

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7 Re: Denying visitation rights from father on Sat Jun 15, 2013 11:59 am

carl434


Arresto Mayor
if support ie. MONEY is what you want fill free to fill that case there are hundreds of post that can tell you very easy how to do that, Protection of a child  is also your  right as a mother if there has been a crime against the child. but to deny mother or father the right to see or communicate with their child sounds like a PERSONAL ISSUSE YOU ARE HAVING NOT THE CHILD!!!
btw, sorry no i don't have visitation issue's and this is a public forum! PUBLIC.
not everybody that reads what you post will agree with you action.

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8 Re: Denying visitation rights from father on Sat Jun 15, 2013 12:22 pm

Russiandoll


Arresto Menor
I am not asking for an agreement on my post but an actual and legal advice based on the Philippine Law and family code. Geez.Rolling EyesRolling Eyes

You say a mother cannot forbid a father from seeing the child? whats your basis? in what part of our law that says you cannot do that? Have you even bothered reading or considering the facts I have shared on previous posts? What if the father does not do anything good for thr welfare of the child? You still have no right to choose whats best for your child? as a mother?

I just wish people will analyze the queries first before posting their own opinion. I never ask for sympathy or agreement, i ask for a helpful advice. Minsan may mga tao talaga, may masabi lang.. tsktsk.
Hopefully I will get a more sensible answer or post. thanks guys!

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9 Re: Denying visitation rights from father on Mon Jun 17, 2013 9:04 am

carl434


Arresto Mayor
I think, im not sure the codes and laws they discuss COME FROM PHILIPPINE LAW. Now im not sure, but if you want i'll look for others in my spare time. to help you....


She cannot do this to you and your Child; you have all the right to visit your Child.

[1] The mother has exclusive parental authority over her illegitimate child (Art. 176 of the Family Code). For example, a DSWD travel clearance is not required for an illegitimate child traveling abroad with the mother.

[2] The biological father has visitorial right over his illegitimate children in view of the constitutionally protected inherent and natural right of parents over their children (Supreme Court ruling in Silva v. Court of Appeals, 1997). This right is personal to the father; no other person, like grandparents, can exercise this right for him.

Silva (the father) may have won with the Supreme Court�s upholding of his visitation rights, but this favorable decision did not prevent Suzanne (the mother) in the exercise of her parental authority from immigrating to Holland with her two children.

[3] The right to visitation and the duty to pay child support are distinct and separate.

[4] If the mother and the father of the illegitimate child can agree on the terms and conditions of the visitation, then there will be no problem. In case of disagreement however, the father must file a petition asking the court to settle the terms and conditions.



_________________
Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.

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10 Re: Denying visitation rights from father on Mon Jun 17, 2013 11:32 am

udmlaw


Reclusion Temporal
Russian Doll - let s step back a bit and try to appreciate any advice provided in this forum. I understand the degree of stress that you are going through but please keep calm. Carl 434 is correct that this is a public forum any you should expect any response whether you like the response or not so let s relax a but.

Moving on to your concerns.

Can the father be denied visitation rights since he is not giving support?
No. 

What is the legal basis for deciding visitation rights?
When you say legal basis may e you are asking if there is a SPECIFIC provision of law to address this matter. There is none for now. Only law on parental authority and custody. Philippine decisions however look upon US law, Philippines customs and traditions, as well as the best interest of the child in deciding matters of visitation rights. As the child cannot decide as of yet whether he/she wants to see her father, the court will be the one to decide and generally will use the best interest of the child doctrine. In case a denial of the visitiation rights is sought probably as humbly suggested by me through a PROTECTION ORDER, the grounds must be clear and convincing.

This is why earlier, I asked you wnat you meant when you say nanghaharass. Now, I have read your responses and you mentioned the following (1) constant texting (2) getting a lawyer. These are not sufficient grounds to deny the father from visiting his biological daughter/son. At best this might be looked upon by the Court in favor of the father as the father wants to be involved in the life of his son/daughter.

On the matter of unwilling to give support and the act of the father in brinGIng the child in drinking sessions or exposing the child to smoking, if you have photos or documents to prove these matters, at best you can have custody. But again visitation right is another matter. I am sorry but you cannot ABOSLUTELY deny the father s right to see his child. MAYBE conTRol the visitation rIght but not deny.

I confirm carl 434's advice. Mas may legal basis pa siya keysa sa akin.

Now going to the issue of adoption, you have to get the consent of the biological father.Section 9, paragraph (b) of RA 8552 states that the written consent of the biological parent/s is necessary. You can risk filing a case but i am not sure if the chances of the success will be good since judges can only act in accordance wil law. You can file an appeal then argue the merits why you decided not to get the father s consent. Lawyers can argue that the father's consent is optional but unless and until the law is changed, the consent is required.

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11 Re: Denying visitation rights from father on Mon Jun 17, 2013 1:46 pm

carl434


Arresto Mayor
That's all I was trying to say, if there really is a safety issue then it is her/his duty to protect any under age child. And that's rather the child is yours or not. I also believe that if a person can not afford to support a child with money ( cause they doesn't have ) and that person still want to be a positive figure in that child's life. Then who really has the right to forbid that person. Money doesn't make you a good father or mother.  every time i talk to my son who is 11 now thank god, he doesn't care how much money i have nor does he know i'm the one to buy the playstation's and xbox's new shoe's and clothes. All he cares about is DADDY when are you coming back to GERMANY. Can we go to the park like before. Thank God his mom allows all that. Even tho our split was HELL for a few year's. Thank God we both lowered horse's to do what was best for OUR SON.  And so far it has worked out. I plan a trip back to germany next year.  On the other hand, I read a lot here and other sites to learn how to protect myself ( against PEOPLE ) WHOM want to bend or even break the law in their favor. And I see here a lot of people MEN ( which i feel is the most trifling) denying mother's the right to be apart of the child or children lives. Which Is a greater sin all in it's self.

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