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legal battle between wife & husband for child custody

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librasinglemom


Arresto Menor
i just want ask, my brother recently found out that his wife is having an illicit affair abroad with his co-worker... how did my brother found out about this? as a husband he investigate... he even hack his wife password sa facebook at yahoo mail, through those messages he found out that his wife is doing nasty thing in abroad...

they had a kid, 3yo... can my brother file for a sole custody of their kid??? though the wife admits her fault... what can my brother do to make it legal for both of them??

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attyLLL


moderator
where is the child now? the proper remedy is to file a petition for sole custody.

i am of the opinion that these facebook and yahoo messages are not admissible as evidence because they were acquired in violation of the right to inviolability of communication and privacy.


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librasinglemom


Arresto Menor
the kid is with my brother, since the wife is still in abroad. my brother and his kid live with us right now... how can my brother file a sole custody??? where he should go?? my brother is now planning to leave the country to work, the kid will be left with us, can he file a waiver that his daughter will be left with us temporarily until such time that the wife and my brother settle their problem?? because as far as i know when the wife comes back next year she's planning to bring the kid along with her in holland.

the wife admits her fault, even my brother parents-in law admits that their daughter did something wrong..

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attyLLL


moderator
there is no custody by proxy. only your brother or his wife can exercise custody personally. Your brother may validly entrust the child to you but his personal right is not also transferred. If the mother comes, you will be legally obligated to turn over the child.

http://www.pinoylawyer.org/free-legal-advice-f27/child-support-o-blackmail-t1615.htm

http://www.pinoylawyer.org/free-legal-advice-f27/without-my-consent-t1486.htm


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librasinglemom


Arresto Menor
hinde po kya masyadong dehado ang kapatid ko, cya na itong niloko tapos ung anak nila nasa poder pa ng wife?? so kung aalis ang brother q abroad and mag iwan cya ng waiver or any written agreement sa in-laws nya in c/o with the wife na nsa abroad pa hinde pa rin pla valid un... i know that when my bro's wife comes home next yr we have to give her their kid, but what if dalin nya sa ibang bansa ung bata me habol ba ang kapatid q??

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attyLLL


moderator
he will have to actually file a case to prevent the child from being brought out of the country, but his position is weakened if he is not here. i suggest he keeps talking with his wife to clear things up.


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