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Child custody (kind of complicated)

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1 Child custody (kind of complicated) on Sun Apr 06, 2014 3:40 am


Arresto Menor
Hi, we've got a kind of a complicated issue here.
My mother just passed away, leaving the me(eldest male) and my other two siblings (18 y/o pinay sister and the youngest japanese citizen 7 y/o). Were not full blooded siblings. We're all half siblings and the youngest is a half pinoy/japanese boy whose sensitive when it comes to his health (currently have asthma). Our youngest also carries his japanese father's name btw so we all have different surnames since each of us have different fathers.
So here's the thing. Since my mother and our youngest's father is not together anymore, the youngest has no one else to go. Im already at the right age, its just that already a family man who lives with my inlaws' roof. My sister is still in college, already talked to her father regarding our youngest's situation and is ready to take responsibility of him. But here comes our lola who wanted to take care of our brother. I believe that my lola wanted to step in due to the fact that our brother would get some allowance/support from our late mother. So we all talked and they said that when it comes to whom our brother would go, grandparents comes first.
Just to tell you that my lola is already a senior citizen, who lives in a shantice area at cubao. also said that when it comes to expenses, they will be getting it from the allowance and support from our late mother.
So here are few important things regarding the support:
a) our mother left us a document regarding an agreement about a house that my mother sponsered, issue is its not in her name but with my tita's inlaws whoever are they. only said in the agreement that they will be paying the expenses for the house for about P1.2M
b) our tita's income will come from the said agreement wherein there will be 2 spaces that will be leased for a total of P 21k/mo.
c) me and my sister decided to split it into 3 wherein, monthly, we will be getting P 7k

The issue is, we want to ask about this article from our law Presidential Decree No. 603 THE CHILD AND YOUTH WELFARE CODE TITLE II CHILD AND YOUTH WELFARE AND THE HOME
Art. 19. Absence or Death of Parents. where in first comes the grandparent, and we're only second regarding the custody of our brother.
First we want to question our lola's ability to support our brother with a limited income/support whether if she can give him a better future than my sister who's family is more able as i can say than our lola. (BTW, our lola's income will be coming from her sarisari store and from the monthly P 7k support that my brother will receive.)
Since our brother is very sensitive, and with his health condition, i think custody with our lola is not good for him.

Second is what are the grounds to check regarding the custody of our brother for i know that he's a japanese citizen, but im not sure if he's dual citizen for filipino? (btw, my brother is still in japan since our mother died abroad. And also, his father is still alive but already separated. news bout him is that our brother is acknowledged by him, its just that he doesnt want to communicate to our family.)

Third if proven that our lola is not qualified, what are the things should be done next? if my sister can succesfully get the rights for the custody of our brother? and what if our lola disagrees on it?

We need your help. Thanks Pinoylawyer. If you have somethinge else you want to know, feel free to ask me.

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