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child support of my nieces and nephew who had been abandoned by their father

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maristela.ebarle


Arresto Menor
Good pm, atty. I am Maristela. Ask ko lang po. My sister died almost 8 years ago now leaving 5 children. They are now aged 14, 12, 10, 9 and 7. More or less 5 years ago, the husband live independently and technically leaving the children in my parents house without the benefit of providing the monthly basic needs of the kids. Last year, he remarried at d na nagbigay ng support talaga. My question now, Atty is, can my parents, as grandparents and the custodian of the kids, compel him to give monthly support? Can we legally demand being the provider for the last 5 years or more now?Thank you. May I be given advices to shed light on the issue.

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attyLLL


moderator
yes, the grandparents can demand support from the father, but if he refuses, you should file a case for support so he can be compelled to provide support.


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maristela.ebarle


Arresto Menor
would it be considered abandonment, atty? and would fall within the context and provision of Violence Against Women and their Children Act?

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attyLLL


moderator
yes, it can be vawc if there is deprivation with intention to control. it is abandonment but not the kind in the rpc.

how will you respond if he demands custody of the children?


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maristela.ebarle


Arresto Menor
what do you mean with rpc? by the way, should he demand custody there would be no problem with us but i am more concerned on the children because they had been very vocal on their dislike with the second wife. In anyway, would the law grant on letting the children choose where to live?

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attyLLL


moderator
the court will consider the choice of the children. rpc is revised penal code


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maristela.ebarle


Arresto Menor
what would be the minimum support we can get for the 5 children? What would the first step the grandparents shall take? Would sending a demand letter or seeking an audience before the father's employer considerable?

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attyLLL


moderator
compute for the amount the children need and base it from there. first step is demand letter. meeting with him is good idea. good luck.


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maristela.ebarle


Arresto Menor
thank you very much atty. and God bless

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