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FIGHT FOR CHILD CUSTODY

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1 FIGHT FOR CHILD CUSTODY on Tue Oct 19, 2010 3:43 pm

spriky


Arresto Menor
Hi everyone. I am Rikk and I was just registered on this site. I found this site and I think this will help me enlighten myself with regards to my problems and queries.

Here's my story;

I will try to make my story as brief as possible because you might be bored if I go into details. Here it go, I have a wife who left me and my 8-year old daughter to states as tourist on March 8, 2002. My daughter is in studying in elementary, grade two. But of course, as what most of our countrymen do, she went there to work-- making a ďshort cutĒ on immigration processes. As expected, she found a job in Los Angeles after her 2 weeks familiarization tour. Luckily, her employer is kind enough and filed a petition for her to secure a working visa. Before she went to states, our relationship was already a little bit shaky but we are still in good communication with each other. But about 6 months in states or so, she told me that she donít love me anymore thatís why she went to states. And what hurts most, she said she already have a new found boyfriend. Of course, I was shocked. Suddenly, it came into my mind that she planned all these ahead as conspired with her parents without my knowledge. We always fight brutally through E-mail since then. She was continuously sending money as support to our child though. She told me that she wants to petition our daughter as soon as she gets her green card. I donít have any idea whatever her plan was. In 2005, we found out that she got married with an American as we saw her new surname on the package that she sent to my daughter. She said weíre already divorced there in America. I donít know if it is really possible and how it happened. I am still working in an airline company then. I was recently re-trenched though last October, 2009. As of now, I donít have a job.
With regards to my daughter, she has signs of abnormalities that were noticed since she was a child. At the age of seven, she suffered seizure and was diagnosed as an epileptic child. She took medication for almost one year. It happened again when she was eight but that was the last time she suffered seizure though. Some diagnosed her as AD/HD, dyslexic, etc. Some of her teachers said she should study in Special Education but some said she can study in normal school. When she graduated in elementary, thatís the time I believed she can make it in normal school. So, she went into normal school on her secondary education. She took a hard time to pass all the subjects and she graduated in high school. But when sheís in college, problems occurred. Things are different in college compared to elementary and high school. Sheís having a hard time passing the subjects. Most of her subjects were failed. So, we talked and concurred that we dropped all her subjects for the reason that she will undergo medication. But, the truth is just to avoid failing grades. As of now, she is undergoing Psychiatric evaluation and rehabilitation in PGH. I noticed that most of the time, she is sad and kind of depressed. She said, she missed her studies and classmates.
Now, my wife is planning to come home in the Philippines and weíre still not in good terms. I was afraid that she might have plans to take away my daughter with me. With regards to financial status, she is more capable than I am now because as I said, presently I donít have a job. She can take advantage of me to take the custody of my daughter because of her money. I know she will do all she can to get the custody of our daughter. I am so afraid when it happened because I love my daughter very much and I donít want us to be separated.
My queries are the following:
1. Is it possible that she can take the custody of our child even she got married in the US while our marriage was still in effect? Can I sue her for bigamy for marrying in the US?
2. I single-handedly nurture my daughter my daughter that affects my work. And that is the biggest reason why I was retrenched in my previous job. Meanwhile, my wife has all the freedom to work, get rich, and now, married with some US citizen. For that matter, is there a probability that I can retain the custody of our daughter even I do not have a job at present?
3. I know that in Philippinesí culture, it is against manís pride to get financial support from his wife because it is not normal to us. If ever I retain the custody of our daughter, do I have the right to ask for financial support for our child? I donít want to take advantage of her money. All I want is to give the best future that I can give to my daughter. Even if in case I found a job, I donít think it would be a high paying one because of my age and not so good achievements.

Did I post it right? Paki-advice naman po kung mali ang posting ko. Thanks!


Rikk

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2 Re: FIGHT FOR CHILD CUSTODY on Tue Oct 19, 2010 7:57 pm

attyLLL


moderator
please re-post in the proper forum: http://www.pinoylawyer.org/family-and-marriage-f21/


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