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my adopted son

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1 my adopted son on Sat Mar 05, 2011 10:17 pm

mitchi_


Arresto Menor
he was just 8 months old when i took him home from my cousin who's his birth mother. he stayed with me for 16 months until i left Philippines for abroad. yet prior to my departure his birth mom signed a consent of adoption in my honor and we also tried to contact the biological father(who, at that moment, was living with another woman) by phone and he agreed to it too. but i didn't had the chance to let him sign a consent bcoz he wasnt living in the same province. i left my son to my uncle, i support him financially. altogether my cousin and the biological father had 5 children including my adopted son. and just recently, this biological father came to my uncle's house with the police and dswd saying he wanted to keep the child and telling lies that he was supporting the child all along. all the other 4 children weren't staying with him, the four were living in another province with the grandmother.
do i have any points to bring this thing on court?

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2 Re: my adopted son on Sun Mar 06, 2011 5:03 pm

attyLLL


moderator
it is your cousin, the biological mother, who is in a better position to contest against the father. is this not possible?


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3 Re: my adopted son on Mon Mar 07, 2011 2:03 am

mitchi_


Arresto Menor
im not sure if its possible...my cousin is already with another man now... and if ever, on what ground can my cousin contest?

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4 Re: my adopted son on Mon Mar 07, 2011 7:15 pm

attyLLL


moderator
sorry, i first have to ask, who are the parents listed on the child's birth certificate?

i am sorry to say but you have no legal right to the child. a mother's consent to have her child adopted does not automatically confer parental right to you.

however, the mother of an illegitimate child has sole parental authority and custody. if the mother speaks to say that she just left the child to your care, then the father cannot just take the child away.

but if it's just father vs. you, he has a better chance.


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5 Re: my adopted son on Tue Mar 08, 2011 5:41 am

mitchi_


Arresto Menor
they are the parents in the child's birth cert. the child isn't illegitimate though the father did already denied him even before my cousin gave birth to the child.and he never gave a single penny since to support the child.
how about if the father cannot properly provide for this child? i used to regularly bring him to the doctor before and that worries me.
he cannot even provide for the other four children.


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6 Re: my adopted son on Tue Mar 08, 2011 9:07 pm

attyLLL


moderator
sorry, i assumed the parents are not married, are they? if not, did the father sign the birth certificate?


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7 Re: my adopted son on Tue Mar 08, 2011 10:35 pm

mitchi_


Arresto Menor
they were married... the father didnt signed the birth certificate, as i've said he denied that it was his son prior to the child's birth...

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8 Re: my adopted son on Wed Mar 09, 2011 4:00 pm

attyLLL


moderator
then in that case, the child is his legitimate child, and he has every legal right to claim him. His prior statements that he was not the father does not change this. Even if he has signed that consent for adoption.

I know this may be very hurtful to you; you do not have a remedy from law. I recommend you negotiate with the father for custody and visitation privileges.


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9 Re: my adopted son Today at 8:05 am

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