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Child's Surname is her father,can I bring her out of the country?

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yalene


Arresto Menor
Ask ko lang po.I have a 1 year old daughter pero nakasunod ang surname nya sa tatay nya pero wala na kaming communication at all after birth,wala din po financial support.Pwede ko ba madala ang bata palabas ng bansa without his father's consent?

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AWV


Reclusion Perpetua
Not possible I'm afraid! You need to have a consent/clearance from the father and he has to sign it.

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concepab


Reclusion Perpetua
yalene wrote:Ask ko lang po.I have a 1 year old daughter pero nakasunod ang surname nya sa tatay nya pero wala na kaming communication at all after birth,wala din po financial support.Pwede ko ba madala ang bata palabas ng bansa without his father's consent?

married?

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AWV


Reclusion Perpetua
I'm afraid married or not, if the father acknowledge the child and is using his surname, kailangan pa ring pumirma ng father sa clearance.

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yalene


Arresto Menor
concepab wrote:
yalene wrote:Ask ko lang po.I have a 1 year old daughter pero nakasunod ang surname nya sa tatay nya pero wala na kaming communication at all after birth,wala din po financial support.Pwede ko ba madala ang bata palabas ng bansa without his father's consent?

married?


Not married po and di rin po ako nanghingi ng any support and no communications na rin po.

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AWV


Reclusion Perpetua
BUT! As you mentioned your child is using the father's surname it only means the father's name is also written in the birth certificate, therefore the immigration will refer you to DSWD and they will want the father's permission before you can take your child out of the country until the age of 18. Rolling Eyes

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AWV


Reclusion Perpetua
You can sue him for not giving maintenance but you can't ignore his rights!

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concepab


Reclusion Perpetua
Yeah but it is clearly stated in "Article 176. Illegitimate children shall use the surname, and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this code."

And if we will look at the definition of parental authority, "Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being."

So based on these, how can we say that the father is practicing his "parental authority" if he is not even providing support for the child, not to mention no communication at all. and even in the absence of the mother, the father cannot simply assume parental authority. Only those mentioned by law my exercise parental authority - our Family code is clear about it.

IMO, she can take her child kahit saan nya gusto. There must be a way… hindi ko alam kung paano. (research mode muna ako sa subject na yan) Very Happy  And for me, kung may tutol ang father sa pag-labas ng bansa ng bata, he have to file a petition.

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