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custody arrangements of illegitimate child

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1 custody arrangements of illegitimate child on Fri Jun 21, 2013 3:17 am

ed shuck


Arresto Menor
I am (not married)parent of 2 children,
the mother is now working abroad, , she has leftthe house dwelling 2011, since this time i have had both children living w/me, at times before the mother left the youngest 2yo now 3 1/2 stayed w.mother,
 my 2 questions are.
what rights do i have as a single parent(father)regarding the children?
can the mother give me FULL RIGHTS over the children?
(i am dual citizen ) as  is my oldest.not youngest yet?

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attyLLL


moderator
the mother is not precluded from exerting her parental rights one day, and the law is on her side.

you can file a petition for guardianship and custody, it will give you leverage if there will be future controversy between you.


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leng_gl


Arresto Menor
I have the same problem--I am not married, I have a 4 year old daughter--the father is not in the birth certificate--the father was never been there before my child was born--I am now planning to include my daughter in my visa this year--and the Australian embassy needs to have a sole custody for my child--but--the immigration said it depends on the case officer--they might just ask for statutory declaration telling them my situation--I am still confuse--should I still file a court order? Or is there any legal forms that is equivalent to a court order for sole custody?--because I believe that the father has no paternal whatsoever since he is not in the birth certificate. Can someone tell me what I need to do?

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attyLLL


moderator
this question has been asked several times, and there is no clear answer. some were successful by simply citing PH law, others went to court


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leng_gl


Arresto Menor
Is there somebody here who had been through with the process? I want to hear from all of you..I want to gather as much information that I can.  Thank you.

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AWV


Reclusion Perpetua
In PH law any children under 7 years should remain in care of their mother if they are married or even after divorce or annulment. After 7 years chidren can choose who they want to be with, if the said mother cannot support the child financially, she can easily lose the custody and vice versa. In the case of illegitimate child, father are obligue to give support but will never have a chance of custody without the approval of the mother.

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AWV


Reclusion Perpetua
PS this rules does not apply to mixed-race such as Filipinoes married to foreigners. Unless the child is living in the Philippines. If outside, any foreign spouse may not be able to take their children back to the spouse country if they have a custody issues as they are citizen from that country unless the Filipino spouse obtained dual Citizen/Nationality.

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