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Legal child custody right of unmarried father living abroad

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Compbels5


Arresto Menor
Hi, my son (of Filipino mother/ Australia father) went home to PI and got a girl pregnant. He's been informed that the child's due birth date is June 2017. What are his legal rights with regards to the child's custody if the mother is willing to give up the child as she is unable to care for the child? Is he allowed to bring the child to Australia or does he have to adopt the child before he can take care of his child? Anybody knows where he stands regarding this issue?

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Lunkan


Reclusion Perpetua
If the mother agree, the father can get the custody. (Otherwice the mother winn a custody case almost allways when the child is up to 7 yo.)

The parent, who DON'T have custody, have some visitation rights anyway normaly. I'm rather sure the parent WITHOUT custody has to agree in document when the other parent want to go abroad with the child.

Try to get the father's family name included in the child's name DIRECT/soon to not make the processing unnecesary hard.

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Compbels5


Arresto Menor
Thanks for the advice! Whilst discussing this issue with another, I was given the impression that the father had to legally adopt his child (wherein I'm led to believe would be a very involved and time consuming process) before he can get full custody to take with him to live in Australia. Isn't this rather irrational as he's the father?

Based on your response, will the mother be able to mount a custody case if she happens to change her mind within the 7 years scope even after the child's been living abroad with the father? In the event of the mother pursuing this course, will the original custody agreement be legally enforceable?

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Katrina288


Reclusion Perpetua
The fact that the father has to adopt his own child is not irrational. Please note that your son is not married to the girl he impregnated. Thus, their child is illegitimate. When a child is illegitimate, the mother has the sole parental custody and authority and the father only has visitation rights.

If your son adopts his child (provided the mother consents), the mother will relinquish her parental authority and custody in favor of your son. This will make it easy for your son to take the child to Australia. Once your son has already adopted the child, the mother can no longer file for a custody case because she has to execute a written consent to the adoption.

If, on the other hand, your son does not adopt his child, the mother can file for an action to regain custody of the child even if there's a prior child custody agreement because it is the law that grants full/sole parental custody to the mother.

If you need legal assistance, you may send an email to km@kgmlegal.ph

Best regards,

Atty. Katrina

View user profile http://www.kgmlegal.ph

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