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how can the father get the custody of his son from the mother?

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shangshang


Arresto Menor
Hi. My brother fathered a son with his gf. They're unmarried. They lived together for about 2 years since 2011. They separated sometime in January or early Feb this year. My brother returned home, to our family, and we live together until now. Their son is turning 3 y/o this year.

Even before, my brother supports his son financially, emotionally, physically and our family is also taking care of his son whenever he is with us. There is a time, Jan-March this year that the mother of my nephew found a job and I took care of their son. After the contract ended on March or early April, the mother hasn't find another job or has made any effort to have one. Their son lives with his mother in a rented place which my brother pays.

The mother of my nephew has no work, not schooling and has vices. Even before and up until now, she drinks liquor and smokes. She is "gala" and is often outside the house or staying in the streets even at the middle of the night and late at night. The kid is not very much taken care of coz his mother is not making any efforts to find a job.

There was also an instance when the kid was with us and is already sleeping with his father that the mother came. She was drunk and was knocking at our door, and waking up my brother. that was 2:00 in the morning. When my brother rose, the mother demanded to get his son, who is already sleeping at that time. She didnt care of the disturbance she is making. My brother relented and gave his sleeping son to the mother. He even accompanied her.

Now, my brother is courting another girl. The mother of my nephew knew about it and is threatening the girl. Also, she demands that my brother must give her half of his salary and is refusing to give their son to my brother. The girl wants my brother to return to her but he refused. The girl seemed to state something like this- kung di din tayo magkakabalikan, guguluhin na lang kita araw-araw". She even stalks my brother for she knows the time he leaves for work and returns from it and when he is sleeping, from night-shift duty, she continually texts him. Her threat to my brother gives distress to him. He is hesitant in challenging the girl for he is afraid that she will take away their son. His personal, social and even work life is also challenged for he cant have peace of mind. He is somewhat harassed.

Now, these are my questions:

1. Can my brother get custody on their son?
2. Will there be any complication  or will it be disadvantegous if my brother enters into another relationship?
3. Can my brother file a blotter against the mother of their son if she continues to threaten him?
4. What are the steps/things to do in order for my bro to get full custody of his son?

Though i mentioned that my brother is supporting his son, he
doesnt seem well-fed and taken cared of by his mother. If the kid stays with us for a few days, he gains weight but loses what is gained right after we return him to his mother.

Sorry for the long text but this is just to present the situation and I am looking forward to your responses.

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tsi ming choi


Reclusion Perpetua
shangshang wrote:
1. Can my brother get custody on their son?

The custody of a child LESS THAN 7 YRs old shall be at the mother, UNLESS for the compelling reason.

This "compelling reason" should be proven in court by stating those allegations youve stated.

shangshang wrote:
2. Will there be any complication  or will it be disadvantegous if my brother enters into another relationship?

No complication because your brother is single and not married.

shangshang wrote:
3. Can my brother file a blotter against the mother of their son if she continues to threaten him?

Its useless to blotter it because what the mother of the child did is a Legal threat. No harm done as to your brother's life, property or honor.

shangshang wrote:
4. What are the steps/things to do in order for my bro to get full custody of his son?

You need a lawyer for this..

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attyLLL


moderator
the mother of an illegit child has sole parental authority. i recommend he focuses on vistation rights


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