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Role of DSWD on Child Custody Disputes

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1 Role of DSWD on Child Custody Disputes on Mon Sep 26, 2016 5:53 pm


Arresto Menor
Hi! I want to know, does the DSWD have the right to award the custody of an underage illegitimate child to his father without undergoing any legal procedures?

My cousin had a son out of wedlock. She is now legally married and is working abroad with her husband. Her son was left to the child's father because the guy said the company he's working for will provide scholarship for their son. Thinking that it will be for the benefit of their son, she agreed. They have an agreement that the father will let their son stay with his maternal grandparents during weekends and holidays. However, it's been very difficult for my cousin and her family to "borrow" the child from his dad. He always have excuses. On one weekend that the kid's maternal grandparents was able to have the child stay with them, the child said that his father's new partner is hitting him physically quite frequently. He even said that he doesn't want to go home to his dad anymore. We later on found out that his dad's partner is pregnant and that he quit his job for some reason unknown to us. Knowing this, my aunt & uncle decided to not send back the child to his dad. They were surprised however when the father came to their house and showed them a letter from DSWD. They went to our baranggay to discuss the matter and I later on learned that our baranggay officials asked the maternal grandparents of the child to give him to his dad because his father have a letter from DSWD. I haven't seen this letter myself but I'm surprised that the custody of an illegitimate child be given to his father when the mother is fully capable to support and raise her child. Any advise on what we can do next so we can take my nephew back? Thanks.

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