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Child support & Visitation Rights for illegitimate Child

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Diana.Anchoriz


Arresto Menor
Hi All,

I wanted to seek help about my next move about the support for my child and the terms about the father's visitation rights. Here is my situation:

Issue 1: I have a 2 year old daughter born out of wedlock. The father of the child and I tried to live together for about a year but it never worked out. We separated. He was sending financial support twice a month for half  of the entire agreed child expense until April of 2015. It stopped when he said he resigned from his current job. I know he has means despite of this because of his family background (they have businesses etc.,), but I waited for him to come around. I was then notified by the HR department that he already claimed his back pay, he then promised again that he will send support but still nothing. He comes up with reasons that he still has no job and that the money he has was used for something else ( this was despite the fact that I already sent 1 demand letter).

He has not given any financial support for about 5 months now. I have sent 1 demand letter so far.

Issue 2: We had an arrangement before where he takes temporary custody of the child every other week, so the child spends 2 full weeks every month with the father. But even from the beginning I was getting feedback and accounts both from the baby sitter and the family members that either he was not always around or has not been spending time with the child. He was also deliberately being seen both by the baby sitter and the family members displaying violent actions towards people inside the house, both physical and verbal (both of which I have electronic evidences of, coming from the sister of the father and the baby sitter through social media chat applications). He was also hostile to me, where I feel verbally abused via text message and also via social media chat applications whenever we have discussions about how he takes care of the child during her stay with him. I became concerned about the welfare of my child, due to his behavior and due to the accounts/feedback I have been getting from people from his residence. Furthermore, a number of baby sitters already resigned due to numerous issues in his residence (sexual harassment, verbal harassment, salary issues etc.)

Because of the above, I hired a new baby sitter and no longer allowed temporary custody for the father. I allowed him to visit but not take my child. He resisted and became more verbally abusive towards me. He said he only wants to visit but not want to see my face (which I think by law is not an acceptable condition for the father). He also does not want to visit the child when I am at my parent's house because he said he is concerned about his security. To note, never in our entire relationship and even after did my family threatened or shown aggression towards him. We were always civil, including myself despite his being verbally abusive.

Issue 3: I am currently in a relationship and planning to get married. My partner and I live together with the child and the baby sitter. I am not sure if this counts as an immoral act that he may use against me in court if ever. But my current partner and I have plans to have my child take the name of my partner after we get married and legitimize the child.

Questions:

1. What will be my next move? Do I send a 2nd and 3rd demand letter? I was told that the 3rd demand letter can already come from the law office of my counsel once I consult one. Is that true?

2. Can you recommend a lawyer that I can consult and who will ask for very minimal fees for consultation and for drafting the last demand letter before I make my next move?

3. What will be my next move after sending the demand letter and there is still no support from the father? Do I go to a family court or something? Is there such here around Makati or the Fort?

4. What is your assessment about the overall situation stated above?

Hoping and praying for your kind advice/recommendations about this matter.

Sincerely,

Diana Anchoriz

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Katrina288


Reclusion Perpetua
Hi Diana,


I am quoting your questions below in order to properly address them:

Questions:

1. What will be my next move? Do I send a 2nd and 3rd demand letter? I was told that the 3rd demand letter can already come from the law office of my counsel once I consult one. Is that true?

When was the demand letter sent to him? You don't have to wait until it's the 3rd demand letter for you to pursue further legal action against the father. One demand letter is enough.

2. Can you recommend a lawyer that I can consult and who will ask for very minimal fees for consultation and for drafting the last demand letter before I make my next move?

You can send me a direct email on km@kgmlegal.ph for a detailed email advice or for a personal consultation.

3. What will be my next move after sending the demand letter and there is still no support from the father? Do I go to a family court or something? Is there such here around Makati or the Fort?

You have two options:

a. File a criminal complaint for violation of Republic Act No. 9262 (Anti-Violence Against Women and Their Children) for economic abuse. It is necessary, however, that he is employed.

b. Petition for Child Support with the Family Court and you can also include the grandparents of your child if the father does not have sufficient source of living.

4. What is your assessment about the overall situation stated above?

As long as the child is a recognized child of the father, you have the right to demand for child support covering the living, educational and and medical expenses, if any, even when you go to court.

Regards,

Atty. Katrina

View user profile http://www.kgmlegal.ph

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