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Visitation rights for illegitimate child (both parents minor and unmarried)

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xboomphangx


Arresto Menor
Hi, this is concerning my brother-in-law's situation wherein he and his girlfriend has a child (2 y.o) and they are still both minor as of now (17 and 16). but recently they had some relationship problem wherein the girl no longer wants my brother-in-law due to some reasons. they are both studying. the girl has an elder sister who supports the child's needs. me and my wife also supports the child though we are working abroad. the mother seems not interested with her child that's why she's letting her elder sister take care of the child. the elder sister has a problem of bearing a child due to ovary problem whatsoever.

now, the girl and the elder sister seems to be hiding or refraining us and the father to see the child. seems that they are just making dummy reasons just to avoid us from seeing the child. we found out that the child still has no birth certificate. but the child always say that he wants to be with us than the mother and the elder sister.


does my brother-in-law have any legal rights for his son?

thanks in advance!

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Unless the mother is physically abusing the child or doing something horrifyingly similar, the law does not allow a child below 7 years old to be separated from the mother, regardless of the child's choice.

The fact that the child does not have a birth certificate is immaterial.

Technically, the father should have visitation rights but if you want to insist on this, you have to go to court since you cannot take the law into your own hands.  Without a court order or agreement (between the parents), the mother cannot be held liable for anything if she does not present the child to the father.  They will just say "what if you take the child away?" ("Baka itatakbo mo lang yan")

Best thing to do is not to lose contact with the child until he/she becomes 7 years old.

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xboomphangx


Arresto Menor
we saw 1 video of them na pinapanood ung bata ng nakakagulat na video. tapos kita sa video na nagsisisigaw sa takot ang bata. and palagi daw sya pinapalo kapag nsa kabila sya. is it sufficient enough to have the child in our custody?

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when i say phyiscal abuse, bugbog at hindi palo ang sinasabi ko. at yung horrifyingly similar ay ka-lebel ng iniiwan sa kalsada ang bata.

hindi ata katulad neto yung mga sinasabi mo.

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xboomphangx


Arresto Menor
oh ok. salamat po sa advice.

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attyLLL


moderator
xboom, if there's no birth certificate, he is not legally acknowledged as the father. until he is, he has no legal rights or obligation to provide support.


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xboomphangx


Arresto Menor
guys thanks for the advise.... one more question... let's say they manage to get a birth certificate for the child... the mother never take care of the child and yet she's letting her elder sister to take care of the child. who has more rights? the elder sister or the father?

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attyLLL


moderator
the father can file a case for custody, but whether it will prosper depends on the evidence that will be presented.


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