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A Mother of Illegitimate Child Demand for Financial Support

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Arresto Menor

Dear Atty,

Hope my email finds you well.

I just want to ask help for my child's case. I am from Cebu, I met her father in my place February 2011. We were together for almost 2years. I knew he was married and has 2 children in Manila when we were in a relationship, he said they were separated since his wife has third party issue. A year after our relationship I got pregnant. That time when I gave birth October 24, 2012, he wanted me to bring our daughter's last name with his surname, but my parents won't allow because his married and they afraid his wife might know about our child and sue me. So I decided to follow my parents will. My daughter bringing my surname now, so basically she's illegitimate in her birth certificate. That time every month he was supporting our child financially by sending through my daughter's bank account every 15th and 30th of the month, also buying things for my child and visiting at the house every payday. During the first year of our baby it was continuously support every payday. A week before my child's 1st birthday I found out he had other mistress, I really caught him in his place when I visited. That time, I stopped everything between us and I just asked support for our child. He said that time "Don't worry, I will never forget my obligation to my child". It's been 2 years that I received every 15th and 30th of the month, he has financial support eventhough were no longer together. The last money that was transferred in my baby's account, a month after her 2nd birthday, November 2014. I found out he went back to Manila and his back again with his wife and kids. Last September 2015, it was the last transaction I had with my baby's savings and just left 67pesos and was hoping his father might send money on her account.

Now I am in UAE working, to support my child's needs. I was supposed to send money but unfortunately I cannot send money since the bank closed the account. It has been inactive for 7 months and didn't meet their minimum monthly ADB requirement which is 500, if it is below their required balance they will close the account. My child is now 2 years old, she started to go to school this June as nursery.

How can I ask again financial support to my child? I tried to message him but I didn't receive reply. I want it to be legal this time to secure my child's future.
How can I file a case?
Can I file a case even though I'm here in Dubai?
Can I file a case even if he was not in the birth certificate of our child? We never had again relationship for almost 3 years.
Is it possible that his wife can file a case against me as well for concubinage?
I have his pictures during the Christening and the bank account of my child can I use it as evidence that he really recognized my child?
Can I ask to the bank a Statement of account even if the account was already closed?

Please enlighten me and tell me what's the best thing to do, I want to fight for my daughter's right for her future.

Best regards,

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Reclusion Perpetua
You can first send a demand letter to the father, asking him to provide financial support to your daughter. If he doesn't respond or continue refusing to provide support, you will have to go to court to compel the father to submit to DNA testing in order to prove that he is the father of your daughter. Once this is done, he will be obligated by law to provide financial support to your daughter, otherwise, you can file a criminal complaint against him.

Kind regards,

Atty. Katrina

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