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Child Custody. Me vs. Daughter's dad and my own Grandmother

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happinest


Arresto Menor
I would like to ask for anyone's help as I have no idea on what to do now.

2 weeks ago I heard my grandmother talking to my 8 year old's aunt (father's side) about her custody. My grandmother assured her that she will not let me have the kid and will testify against me for abandonment if needed.

I'm still at lost to find out that my own grandmother would do this to me.

I don't know where to begin so I'll just tell you whatever situation I'm at.

My daughter's surname is under her dad. Her dad has gotten married last year and they already have a 3-year-old daughter. I also got married this year to the father of my 3 kids.

My 8 year old's father and I separated because I found out about his girlfriend (now his wife). I decided to move out of their house to find a job. I brought my daughter to my grandmother because I will be staying at an apartment near my workplace and I am not confident about getting a helper and leaving my kid alone with a helper. Every weekend I would go to my grandma's house to bring supplies for my kid and pay for the helper.

I met someone (now my husband) who offered his place to me and my kid, he has a wonderful family, so I felt confident about living with my kid with him. After I was able to save some more I took my kid back.

After a few months, my dad texted me that my grandmother is sick and that she misses my daughter very much. He asked us if we can just live where grandma lives instead. And so we did. It's been 5 years now.

I have no problems with her father as they send her 3 thousand pesos per month thru my grandma. She handles her expenses.

All these years I thought she was doing it because she just loves her. So I am really shocked to find out what they've been planning to do.

I did not abandon her, I asked for her help to take care of her when I had to work. But now I have a work from home job that can suffice for all my kid's needs so does my husband. I want to move out now with my kids after finding out about it. Can I even do that? Do I still have the right to? Can my grandma stop me from taking my kid? Please, I'm really afraid of not seeing my kids grow together. Thank you in advance.

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xtianjames


Reclusion Perpetua
Yes you can do that since you have sole parental authority over the child and not your grandma.

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3 thank you. on Mon Jan 29, 2018 5:39 pm

happinest


Arresto Menor
xtianjames wrote:Yes you can do that since you have sole parental authority over the child and not your grandma.

how about my 8 year-olds father? I know that mothers can only keep their kids without any problems if under 7 years of age. My grandma and my-ex will definitely try to take her away. What legal action should I take? Thank you.

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xtianjames


Reclusion Perpetua
Even the father has no say in the matter as you were not married to each other.

it's your grandmother and your ex who will need to prove in court that you are unfit to care for your child to have a chance of getting custody of your child. For you, you don't need to do anything or ask permission from them. You can even approach DSWD if they try to stop you from doing what you want.

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attyLLL


moderator
the mother of an illegit child has sole parental authority and right to custody


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6 So thankful for your help. It means a lot. on Fri Feb 09, 2018 2:36 pm

happinest


Arresto Menor
xtianjames wrote:Even the father has no say in the matter as you were not married to each other.

it's your grandmother and your ex who will need to prove in court that you are unfit to care for your child to have a chance of getting custody of your child. For you, you don't need to do anything or ask permission from them. You can even approach DSWD if they try to stop you from doing what you want.

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7 last thing. on Fri Feb 09, 2018 2:40 pm

happinest


Arresto Menor
attyLLL wrote:the mother of an illegit child has sole parental authority and right to custody

I found this > " Illegitimate children are entitled to carry the surname of their fathers provided they were expressly recognized as shown in their record of birth or if there is an admission of their filiation by the father contained in a public (notarized) document or a private handwritten instrument. While the parental authority of an illegitimate child shall be with the mother, the father of an illegitimate who recognized him may be entitled to visitorial rights to enable him to enjoy the company of the child, give him love and share in the child’s rearing and development."

I've read a lot but I still have fears so I want it clarified that even though my little girl's last name is her fathers', she is still considered illegitimate because her father and I are not married?


Really thankful for your response. It gave me so much hope.

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attyLLL


moderator
have you taken your child and moved in with your husband? if not, why not?


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