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child custody

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1 child custody on Fri Sep 06, 2013 1:28 pm

queenb


Arresto Menor
i would like to ask this question in behalf of my friend. she is currently pregnant and her due is at the end of the month. she has a condition that might cost her life once she gives birth. we want to know what will happen to the child if she dies? she is not married to the father so it will be an illegitimate child. will the father have custody over the child or the parents of the mother?

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2 Re: child custody on Sat Sep 07, 2013 8:10 pm

attyLLL


moderator
if she doesnt want that to happen, he should not be allowed to acknowledge the child as his. the maternal grandparents will have the right to custody, without prejudice to the father proving that he is the dad.


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3 Re: child custody on Thu Oct 24, 2013 3:13 pm

queenb


Arresto Menor
a follow up question on this. my friend gave birth to their son successfully. the child is using the dad's name. if in any case the mother dies in the future, who will have the custodial rights over the child? please note, parents are not married.

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4 Re: child custody on Fri Oct 25, 2013 5:26 pm

attyLLL


moderator
father will have first priority. then maternal grandparents and maternal relatives. but the court can decree whoever based on what is the best interest of the child


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5 Re: child custody on Fri Oct 25, 2013 8:42 pm

queenb


Arresto Menor
father will be prioritized? even if the son is illegitimate? from what i read, its the maternal parents, isn't that right?

also, what if the mother writes a letter expressing to whom she wants the child to be with, will the court consider that valid, let's say its signed by a lawyer as well?

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6 Re: child custody on Sun Oct 27, 2013 5:33 pm

attyLLL


moderator
the mom chose to allow him to be legally recognized as the dad, it's a package deal. maternal rights don't extend beyond the mother.


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7 Re: child custody Today at 4:12 am

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