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Rights of Father for an Illegitimate Child

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1 Rights of Father for an Illegitimate Child on Wed Jul 30, 2014 12:34 am

callmeSuma


Arresto Menor
Good day.

I am 20 years old. I have a daughter but I am not married. My boyfriend's name was excluded from the birth certificate because my parents disapprove of him. Currently, me and my child live at my parents'. They insisted that my boyfriend cannot visit our child.

Here are my specific questions:
1) If his name was excluded from the child's birth certificate, can he still be recognized as the biological father or a father at all?
2) Is there a way that he can be recognized?
3) Does he have any rights to our child?
4) Does my parents have the right to disallow him to visit our child?
5) Can he demand visitation rights?
6) Is marriage and adoption the only way that our child can use his surname?

These are just specific question. I would really love to read what you can recommend and say about this matter.

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2 Re: Rights of Father for an Illegitimate Child on Wed Jul 30, 2014 11:38 am

attyesc


Reclusion Temporal
Your bf should execute an affidavit recognizing the child, file it at the lcr and request for the change of name of the child. He is entitled to reasonable visitation rights and your parents cannot prohibit him from exercising such right.

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gipeyan


Arresto Menor
good day.

i have a child and his mother, my partner passed away. we are not married. the parents of my partner do not want yo give my son to me. i am the father and because his mother was gone, i thought i have the full responsibility for my child. what can i do to get my child from them?

thank you.

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gipeyan


Arresto Menor
good day.

i have a child and his mother, my partner passed away. we are not married. the parents of my partner do not want to give my son to me. i am the father and because his mother was gone, i thought i have the full responsibility for my child. what can i do to get my child from them?

thank you.

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concepab


Reclusion Perpetua
gipeyan wrote:good day.

i have a child and his mother, my partner passed away. we are not married. the parents of my partner do not want to give my son to me. i am the father and because his mother was gone, i thought i have the full responsibility for my child. what can i do to get my child from them?

thank you.

Since the child is illegitimate, the mother has full parental authority over the child. the father is only granted with a considerable visitation rights and obligation to provide support.

But in this case the mother is already dead and that terminates her the parental authority. However, the Father cannot just simple jump in and assume the obligations without court approval. (Art. 210. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law). In this case, the surviving grandparents can assume parental authority. (Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. In case several survive, the one designated by the court, taking into account the same consideration mentioned in the preceding article, shall exercise the authority.)

IMO, you may file a petition to get the custody of your child. Seek a help from a lawyer expert in this kind of case.

Good luck!

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Mavericc


Arresto Menor
Greetings,

I have a question about my parental situation. My live in partner passed away earlier this year and we have a 5 year old daughter together. My name is on her birth certificate as her biological Father which I am. I have custody of her now. But if my partners family tries to take her....do they have a legal right to do so? *(I want to make note that my partners Father is NOT her biological Father. My partner was adopted...so her family has no legal right to her as I understand the law) And if they try....what can I do about it within the standing of the law?

Thanks in advance.

Mavericc



Last edited by Mavericc on Wed Sep 10, 2014 8:58 pm; edited 1 time in total (Reason for editing : addendum)

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