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Legal guardianship

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1 Legal guardianship on Tue Sep 30, 2014 12:07 am

Wilma Hizon


Arresto Menor
I am 27 yrs old, married and a mother of one.
I have two siblings ages 14 and 15 who wants to be in my custody, and stand as their legal guardian. Our biological father has passed away and our biological mom is working outside the Philippines, without even supporting the two. I am the one who send them to school, pay for their expenses, because if not, then nobody can take that responsibility.We have been neglected, so to speak. What should we do for me to be their legal guardian on the paper also?Any lawyer who have specialty on this case you can reccomend?
How long is the process for so to get legal guardianship for my siblings?

Hope someone can answer me asap


Respectfully inquiring,
Wilma Hizon

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2 Re: Legal guardianship on Tue Sep 30, 2014 2:30 pm

concepab


Reclusion Perpetua
Wilma Hizon wrote:I am 27 yrs old, married and a mother of one.
I have two siblings ages 14 and 15 who wants to be in my custody, and stand as their legal guardian. Our biological father has passed away and our biological mom is working outside the Philippines, without even supporting the two. I am the one who send them to school, pay for their expenses, because if not, then nobody can take that responsibility.We have been neglected, so to speak. What should we do for me to be their legal guardian on the paper also?Any lawyer who have specialty on this case you can reccomend?
How long is the process for so to get legal guardianship for my siblings?

Hope someone can answer me asap


Respectfully inquiring,
Wilma Hizon

Upon the absence of your parents, you, being the eldest can automatically assume your self as the legal guardian of your siblings. no legal proceedings needed.

Art. 216. In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the order indicated:
(1) The surviving grandparent, as provided in Art. 214;
(2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and
(3) The child's actual custodian, over twenty-one years of age, unless unfit or disqualified.
Whenever the appointment or a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed.
- 1987 Family Code

Good luck and take good care of your family.

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3 Re: Legal guardianship on Tue Sep 30, 2014 5:22 pm

Wilma Hizon


Arresto Menor
Thanks for taking your time. But when I tried to travel with them, we have been abrupted by the immigration and asked for DSWD permit. It is not enough that I an their sister, "assuming" legal guardian taking them outside of the Philippines. Bottom line is, I must present papers and order from the court that I am their legal guardian, and not just assume it. What will I do? What are the processes needed?
Thanks!

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4 Re: Legal guardianship on Tue Sep 30, 2014 5:32 pm

concepab


Reclusion Perpetua
Wilma Hizon wrote:Thanks for taking your time. But when I tried to travel with them, we have been abrupted by the immigration and asked for DSWD permit. It is not enough that I an their sister, "assuming" legal guardian taking them outside of the Philippines. Bottom line is, I must present papers and order from the court that I am their legal guardian, and not just assume it. What will I do? What are the processes needed?
Thanks!

You can approach your local DSWD office for assistance. they need papers to travel since they're under 18.

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5 Re: Legal guardianship on Tue Sep 30, 2014 5:39 pm

AWV


Reclusion Perpetua
You have to file for an abandonment against your mother before DSWD can help you with the process. As your mother is still alive, she is the only one who can sign the papers for your siblings as they are under 18 years old. Your siblings can testify if your mother did not really maintain them. You will need to prove that she abandon your siblings and not supporting them at all.

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6 Re: Legal guardianship on Tue Sep 30, 2014 5:57 pm

AWV


Reclusion Perpetua
Can mother be deprived of custody of her children

Compelling reasons for a mother to lose custody: neglect
abandonment
unemployment
immorality
habitual drunkenness
drug addiction
maltreatment of the child
insanity
affliction with a communicable illness.

http://famli.blogspot.com/2007/06/can-mother-be-deprived-of-custody-of.html

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7 Re: Legal guardianship on Tue Sep 30, 2014 7:13 pm

Wilma Hizon


Arresto Menor
Thanks. Yeah have approached DSWD and told me that I must file legal guardianship for my siblings. Problem is, we have not been advice how to do it. Any ideas? I need a lawyer who have specialty on this case:). Anyone?



Last edited by Wilma Hizon on Tue Sep 30, 2014 7:15 pm; edited 1 time in total (Reason for editing : Wrong spelling)

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8 Re: Legal guardianship on Tue Sep 30, 2014 8:35 pm

concepab


Reclusion Perpetua
that is for our attorneys here. PM our attorney L or attorney sec. im sure they can guide you accordingly.

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9 Re: Legal guardianship Today at 1:56 am

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