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Child Custody for Illegitimate child 10 yrs old going 11 this October

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robbdazz


Arresto Menor
Hi Atty,

I need legeal advise mtgal na ako hiwalay sa ex partner ko ( mother of my son) We are not married and we are separated for more that 7 years, nsa akin ang anak ko since baby sya at nung nghiwalay kmi with the help of my mother we raise the kid and provide his needs till 1o yrs old sya, recently her mom decided na kunin yung bata sa akin and she did when i was out of town ( she get it from my mom telling mag outing lng sila at di na binalik ) naka enroll na yung son ko sa mucipaluty namin but yet she did still enroll it to her current location , I need help on how i can fully gail the custody of my son and is there ground for her to file kidnapping agaist me kung kukunin ko ulit yung bata ng di sya aware at ibabalik ko sa amin to continue his study, My liabilities din ba ang current school nya to accept and officially enroll him despite wlang documents na prinovide ( i have all the school documents with me) . Thank you in advance. More power to this site ,it helps a lot of people who are in need of legal assiatnce.

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robbdazz


Arresto Menor
up. I need help on this as im planning to get my son back .

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marlo


Reclusion Perpetua
Without the benefits of marriage, the mother has full parental authority and sole custody over your illegit child unfortunately , unless court finds compelling reasons from the mother not to or court declares so afaik.

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robbdazz


Arresto Menor
Thanks Marlo, I just thought that since my kid is already 10 yrs he can actually choose to whom he wanted to be with, so im checking on what particluat legal actions i can do to initiatiate that, some say i need to file it to family court but i need the specific steps just in case.

Thank You!

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marlo


Reclusion Perpetua
The child's preference can be considered if the child is a legitimate one. But that is not the case with your situation. Your child is illegitimate. So age rule cannot be applied afaik.

However, nobody can stop you to file petition to have full custody over your illegitimate child. You are free to do so if that interests you. In doing, you must prove and convince court that mother should be deprived of full custody and authority over her own child. Your basis must be very compelling enough that everybody in court should agree with you on denying the mother her full rights over her own child, afaik :)from

Consult your atty.

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