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Unmarried mother

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1 Unmarried mother on Thu Jan 20, 2011 4:45 pm

phaul26


Arresto Menor
Hi,

I'm an unmarried mother to be. I want to know my rights as a parent. Like the custody of the child, and if I can demand support from the child's father even though were not married.

Also, is it alright that my child carry my Surname instead?

Please advise. Thank you.

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2 Re: Unmarried mother on Thu Jan 20, 2011 9:27 pm

attyLLL


moderator
the mother of an illegitimate child has sole parental authority. i always recommend that the child be registered in the name of the mother, but you should have an affidavit from the father acknowledging that he is the father. and later he can issue an authority to use his surname, that way the child has an option which one he will use.

you can demand support, but the first challenge is always how to prove that the guy is the father. the law recognizes written acknowledgment. this can be an affidavit, letters, emails.


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3 Re: Unmarried mother on Sat Jan 22, 2011 11:35 pm

phaul26


Arresto Menor
Thank you for the advise. Smile

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4 when and how to file a child support? on Tue Jan 25, 2011 2:39 pm

cel


Arresto Menor
I have 3 kids.A 7yrs old,2yrs old and 1yr old kids.were not married.but he acknowledge our kids in their birth cirtificate.and i dont know where,how and what to file to get the child support of my kids from their father.he had business and a property...please help me Sad

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5 Re: Unmarried mother on Wed Jan 26, 2011 5:08 pm

attyLLL


moderator
where is the father? why is he not supporting the children?


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6 Re: Unmarried mother on Sun Jan 30, 2011 10:47 am

cel


Arresto Menor
Good day..
the father of my children is just here in our place.he stop giving support because he want me to work.but how can i if my children are still to young.see i still have 1yr and 2yrs.old kids.
I really appreciate your advice..thank you!

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7 Re: Unmarried mother on Mon Jan 31, 2011 8:39 pm

attyLLL


moderator
i recommend you first file a complain at the bgy for non-support. hopefully you will be able to get an agreement there.

if not, your next step will be to file a complaint for economic abuse under RA 9262 at the prosecutor's office


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8 Re: Unmarried mother on Wed Feb 02, 2011 4:06 pm

MomOnTheRocks


Arresto Menor
i also have a child who is acknowledged by her father in the birth certificate. we are also not married. right now he stopped providing financial support as he reasons out he does not have stable income and that he has 4 other kids from his wife. yes, he was married before i even knew him but they do not live together. we also do not live together. i recently found out that he is seeing another woman (not his wife). i plan to file for child support but i don't know where to start. i verbally expressed my demands for his financial support for the child and to no surprise he declined. he says that he will send money but cannot promise an amount and time. i believe he will not be true to his words as for how i have learned how he is. he even told me his plans of moving to Bicol to his parents' house together with his 4 kids and the woman he is now living together with. i don't know their address in Bicol but i know how to get there as i have once let his parents take care of my daughter last year... please help.

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9 Re: Unmarried mother on Wed Feb 02, 2011 8:04 pm

attyLLL


moderator
how long has he not been sending support? you or your lawyer can send a letter to him with return card and registered mail demanding that he pay support. send it also to his email.

your next step will be to file either a civil petition for support or a criminal case for economic violence. the latter has a more coercive effect but you have to show that he is trying to control you by depriving support.


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10 Re: Unmarried mother on Wed Feb 02, 2011 9:14 pm

MomOnTheRocks


Arresto Menor
thank you attyLLL for your reply. i just wanted to have an idea before i seek a lawyer so that i don't have to ask too many questions. i am also looking for legal help that has reasonable price. i found out searching through internet that i will not be qualified as i have salary above PhP10,000. that is another thing that my daughter's father is saying i should not be too pushy asking for financial support -- he claims i should manage which i know is such an invalid excuse.

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11 correction to my last post on Wed Feb 02, 2011 9:17 pm

MomOnTheRocks


Arresto Menor
i meant: i found out through the internet i will not be qualified to seek help from Public attorneys office (PAO) due to my salary being over PhP10,000.

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12 Re: Unmarried mother on Sun Feb 06, 2011 11:50 pm

MomOnTheRocks


Arresto Menor
i have a follow-up question, if i may... if i send the letter to his parents' house, which is his last known address, and will be returned to sender due to him moving out (hindi na dun nakatira) would that let him get away from his obligation to provide our daughter financial support? will his parents be obliged to act on his behalf?

i would greatly appreciate if you could enlighten me as i have learned i would need at least PhP 30,000 for an atty's fee alone. it will take time for me to save up for that amount so i want to learn more as much as possible, while waiting for the time when i came bring this to court. confused confused

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13 Re: Unmarried mother on Tue Feb 08, 2011 8:12 pm

attyLLL


moderator
his obligation does not disappear. there is really no way to hunt him down? law enforcement usually begin with social networking sites when hunting someone down.


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14 Re: Unmarried mother on Wed Feb 09, 2011 1:59 pm

MomOnTheRocks


Arresto Menor
he usually makes bogus accounts when using social networking sites. he does not use his real name. even the email address he uses does not have his real. i know he does not have access to the computer nowadays as he had lost his job due AWOL. he applied for special enlistment but he told me he quit because he cannot cope up with the hardcore training. that does not seem to me like a valid reason. (i mean, what does he expect -- he did not go to a military school and he wants to get the privilege of a soldier easy as pie?) another reason for him not being tracked online is that the woman he's living together with now prohibited him from going online. i found out this was the same reason we lost communication during the time i was about to give birth to our daughter. so i realized he has this relationship with the woman more than a year now. word-of-mouth is that this woman provides him with financial needs... i will try to ask his parents for their postal address so i can send him a letter as you have advised me. thank you again for your kind reply. your site really helps.



Last edited by MomOnTheRocks on Wed Feb 09, 2011 2:07 pm; edited 1 time in total (Reason for editing : typo error)

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15 Re: Unmarried mother on Tue Feb 15, 2011 12:13 am

mush0823


Arresto Menor
i'm currently pregnant and my due date will be this month. I have a good relationship with the father of my baby and he will acknowledge and let our baby use his surname. He is by the way a Korean Citizen.

My question is that once our baby is born, she will use her father's surname and will be acknowledged by him with affidavit in her birth certificate, will our baby be eligible to apply to have dual citizenship (Filipino - Korean)?

Thank you

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16 Re: Unmarried mother on Tue Feb 15, 2011 6:19 pm

attyLLL


moderator
if you are Filipino, then the child will also be a Filipino.

You will also have to check Korean law regarding citizenship, but my guess is that the child can be considered Korean. Inquire at the embassy how to declare his birth.


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17 Re: Unmarried mother on Tue Apr 03, 2012 5:24 pm

eiramnna


Arresto Menor
in my case is complicated..we live-in for 11 years, last year of april 1, my husband leave our place to rent i don't know if it's a room or a house..we had fought several times because of his 3rd party.. umalis din kme ng anak ko sa haus nila at umuwi samin, pregnant ako nun..rumors come out na nagsasama sila ng babae niya na kapitbahay namin, of course he lied everytime i ask him..i gave birth ng november at yung kabit naman december..gusto ko silang kasuhan sa ginawa nila saken pero hindi ko alam kung ano ang mga karapatan ng unmarried wife..hanggang ngayon ay hiwalay kami at sinusundo niya kami ng mga bata every weekend to spend time sa bahay nila kung saan kami dati nakatira, never niyang inamin saken ang lahat at pagod na din akong magtanong..ang gusto ko lang ay maging maayos ang sustento niya sa mga anak ko, i tried to talk to him to put it in legally discussion pero ayaw niya..ano po ang pwedeng kong ikaso sa kanila nung babae dahil sila pa ang me lakas ng loob na siraan ako at ipangalandakan na nagsasama sila ng asawa ko..wala po akong ebidensya dahil hindi ko na ginawang puntahan pa kung saan sila nakatira dahil baka kung ano lang ang magawa ko..sa facebook nung babae, pinangangalandakan pa niya na ung asawa ko ang tatay ng anak niya..masakit sobra, at laging nagtitext sakin ung babae pag magkasama kami ng asawa ko kaya napilitan na din akong magpalit ng sim dahil ayokong magkagulo kami..sana po ay matulungan ninyo ako.

thank you & more power
eiramnna

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18 Re: Unmarried mother on Wed Apr 04, 2012 10:08 pm

attyLLL


moderator
i understand emotionally, you look at him as your husband, but do i understand correctly that you are not married?

if he signed the birth certificate then the child is entitled to support. if not, you have to establish his paternity first through a case for acknowledgement and support.


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19 Re: Unmarried mother on Fri Apr 13, 2012 2:16 pm

shoann16


Arresto Menor
Im 23y/o and my partner is 19 y/o were not married and we want to get married as soon as posible bago sya mag abroad but his step sister didnt allow us to get married, Ulilang lubos n sila asa boys town xa since his mother death napunta sya dun dahil ninakaw ng step sister nya ang naiwan ng parent nya sa kanila at nawala bigla after maubos ang lahat ng pamana sa kanila bumalik xa at now pinakikialaman kami mei right ba sya na maging guardian ng partner ko although di naman sya ang nagalaga at nag aruga at iniwan pa cla and their lives become worst because of her. Gustong gusto n namin magpakasal at natatakot ang magulang ko na bigla nalang kami iwan ng anak nmin,nka legitimate ang anak nmin surename ng partner ko ang gamit ng anak namin.Paano kami magpapakasal?Pwede ba maging guardian ang mga madre nagalaga sa kanya. Hindi ba talaga kami pwede magpakasal kahit gusto at willing naman sya magpakasal kami?Kanino kami pwede humingi ng consent bukod sa step sister nya?P.S wala xa kilalang ibang kamag anak.. Pls. help

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20 Re: Unmarried mother on Fri Apr 13, 2012 10:37 pm

attyLLL


moderator
answered your other post


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21 Re: Unmarried mother Today at 12:35 am

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