Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Legal Advice - Joint/Shared Custody

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Legal Advice - Joint/Shared Custody on Thu Jul 09, 2015 10:12 am

NelchiaH


Arresto Menor
If the rights of biological father over illegitimate child is visitation rights, what if for legitimate child ..? visitation rights pa din po ba ..?

other than sa Court, meron pa po ba akong pwedeng malapitan to enforce the joint/shared custody to my 1 and half old son, and hindi po ba ako madedeprive sa court for asking more, dahil meron na po kaming kasunduan sa DSWD na sa akin ang anak ko ng saturday but 10am to 7pm lang.

and Regarding in this article,

Parental authority over minor children is jointly exercised by both parents. Should there be any disagreement, the decision of the father shall prevail, unless there is a judicial order to the contrary
(Article 211, FCP).

Insofar as legal guardianship over minor children is concerned, the same shall also be jointly exercised by the father and the mother. There is no need to secure appointment from the court given that the right is guaranteed by law. In case of disagreement, the father’s decision shall also prevail, unless there is a judicial order to the contrary
(Article 225, FCP).

what is the meaning of
"Should there be any disagreement, the decision of the father shall prevail" and
"There is no need to secure appointment from the court given that the right is guaranteed by law. In case of disagreement, the father’s decision shall also prevail"

tinutukoy din po ba dito is if the parents are separated na may laban po ako para sa anak ko kahit hindi kami humantong sa Court ..?

I know that my last option is the Court pero parang ayaw ko mangyari yun, but saan pa po ba ako pwedeng lumapit other than BRGY and DSWD, to enforce my rights sa anak ko po ..?

Thank you so much Maam/Sir/Atty, More power po inyong lahat!

View user profile

2 Re: Legal Advice - Joint/Shared Custody on Thu Jul 09, 2015 10:27 pm

Filia


Reclusion Perpetua
Dineretso mo na lang sana yong prob mo. You should have stated the personal circumstances of your child so that I could directly advice you on something. Anyways, the rights of the father over his illegitimate child or his legitimate child are just the same, only that the father cannot have the custody of his ILLEGITIMATE child. The provisions you cited pertains only to married couple. That "no need to secure appointment blah blah" refers to guardianship. Parents are automatically the guardians of their children.

View user profile

View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum