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Child Custody

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1 Child Custody on Tue Sep 24, 2013 3:00 pm

parallaxe


Arresto Menor
Hi All,

Good day. I just want to seek advice regarding children custody. I am asking this so that my GF and I shall know what to do. The scenario is below.

My girlfriend had 2 kids with his ex-boyfriend. I say ex-boyfriend because they were not married. Their children are still below 7 years of age right now. Before I met my girlfriend, she was living with her ex and was the one supporting their children for her ex is a gambler and has no job. Her ex also loots at her getting all her money and saving. She got fed up and left. The intention is to stay away from her ex and not from the children. She continued work and supported her children up until we met.

Right now, she is not working anymore and I am supporting my GF because she is bearing my child. But her ex is depriving her from seeing or even talking with their children. She wanted to at least have custody over one of her children. Her ex is accusing her that she abandoned them.

What can we do to or can I do to help her with this?

Thank you all.

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2 Re: Child Custody on Tue Sep 24, 2013 4:45 pm

wolfwise


Arresto Menor
Considering na below 7 years pa lang yung mga bata, yung nanay talaga ang entitled sa custody nila. Basic need ng bata ang kanyang mother's "loving care". Ang exception lang dito ay kung merong "compelling reasons" such as neglect, abandonment, unemployment and immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity, and affliction with a communicable illness. Your GF must now prove that there was indeed no intention to abandon the children. Invoke the previously mentioned imperfections of the ex as moral grounds for unsuitability.

You may file a case for child custody with the family court. (After nalang siguro manganak ng misis mo considering the rigors of litigation). Later on, you can just adopt the children.

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3 RE: Child Custody on Tue Sep 24, 2013 6:27 pm

parallaxe


Arresto Menor
wolfwise wrote:Considering na below 7 years pa lang yung mga bata, yung nanay talaga ang entitled sa custody nila. Basic need ng bata ang kanyang mother's "loving care". Ang exception lang dito ay kung merong "compelling reasons" such as neglect, abandonment, unemployment and immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity, and affliction with a communicable illness. Your GF must now prove that there was indeed no intention to abandon the children. Invoke the previously mentioned imperfections of the ex as moral grounds for unsuitability.

You may file a case for child custody with the family court. (After nalang siguro manganak ng misis mo considering the rigors of litigation). Later on, you can just adopt the children.

Thank you very much for that. One thing, is it considered abandonment on her side? The only reason that she left is because she does not love her ex anymore and the fact that her ex did not treat her well.

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4 Re: Child Custody on Wed Sep 25, 2013 12:37 pm

attyLLL


moderator
argue that there is no abandonment because she has been trying to get the child but the father is not letting her. seek help from the dswd or the bgy. they sometimes intercede, even conduct rescues missions.

she has the right to custody, not because the child is below 7, but as the mother of the illegit child, she has sole right to parental authority and custody.


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5 Re: Child Custody on Wed Sep 25, 2013 12:54 pm

parallaxe


Arresto Menor
attyLLL wrote:argue that there is no abandonment because she has been trying to get the child but the father is not letting her. seek help from the dswd or the bgy. they sometimes intercede, even conduct rescues missions.

she has the right to custody, not because the child is below 7, but as the mother of the illegit child, she has sole right to parental authority and custody.


Thank you. We'll do that as per your advice.

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6 Re: Child Custody Today at 2:13 pm

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