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Father Claiming Rights to an Illegitimate Child

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Arresto Menor

I would like to seek your legal advice on how I can handle this dilemma and stress I've been going through for the past 3 yrs. I used to have a Boyfriend 3 yrs ago and we had a child, we were not married but I allowed him to use his last name for my son hoping that we will be ok and I get a support from him for my son.

We did not end up well as I found out that move into another woman who also got pregnant with him. For 3 years I handled all the responsibility as a solo parent and got no support from him because he is jobless.

The issue now is he goes to our house to take away my son to visit his grandma without my consent, even if does inform me I never said "YES". But still, he does what he wants and takes away my child. At this point, I wanted to end everything to him as my son is in his possession now. I wanted to know if need to go to the Brgy as he claims that we I wanted to get my child he will say "sa barangay na tayo magkita kita" or should I go to the police station women's desk for assistance and help me retrieve my son to his family.

I wanted to end all communication with him and I wanted him to leave me and my son alone. I already had a partner right now who's willing to marry me but we keep on fighting over my father's son who takes my son whenever I'm at work.

I hope you can give me some advice.


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Reclusion Perpetua
The mother has sole custody of her illegitimate child.

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Who is at your home when he comes? Magtibay naman sila ng loob to repel the father. Or you move to another place. As stated by atty Jadis, the mother has sole parental authority and right to custody.

you can go to the bgy and ask for barangay protection order. they are required under RA 9262. the father may have visitation rights, but if you refuse, he has to go to court to enforce them.

meanwhile, see reimbursement for all your costs and require him to provide support for the child

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