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Help Please!

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1 Help Please! on Sun Oct 24, 2010 10:16 am


Arresto Menor
Dear Atty,

Since sembreak ngayon, my boyfriend came home to the province to be with me and our 3-month old son. Upon arriving, he was stricken with influenza fever and just as he was getting well, nahawa kami ng baby. Then we were supposed to go to his house for the weekend, but I was racked with chills and moved to postpone it. He wouldn't hear the end of it, and after a heated argument, he left me and the baby (both of us were sick) and went alone. While he was gone, the baby's fever worsened and I had to take care of the baby by my self even if I was sick. We've had issues similar to these before and so I really want to keep my now EX-boyfriend out of our lives.

So I want to know, what are the grounds for which I can have his visitation rights to the baby revoked? Is lack of financial capacity also a valid ground? because he is a student and doesn't provide for the baby. His mother comes here once a month but the amount she gives me can't even last for one week.

I'm just really irritated that he wants to have all his rights as a father, but doesn't really do much about the obligations part. Can I barter visitation rights for the financial support my son deserves?

Thanks for taking the time to read my post. Hoping for your speedy reply.

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2 Re: Help Please! on Mon Oct 25, 2010 12:43 am


is he acknowledged as the father in the birth certificate?

while i do not agree that you should prevent the father from visiting the child, it is not a crime to deprive the visitation rights of the father (unlike depriving visitation or custody by the mother) particularly if you can cite a ground such as a threat of violence from him.

your son has the right to support, if not from the father, then from the grandparents also. you do not have to barter visitation rights.

if you really wish to deprive the father of visitation rights, the proper recourse is to seek a protection order from the courts, but you will have to prove that there is a threat that exists to keep him from seeing the child.

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