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DAUGHTER 12 YEARS OLD/ MOTHER MARRIED AND ABROAD / FATHER SINGLE / CAN I HAVE CUSTODY OF MY CHILD AGAIN?

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DadNeedsHelp

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Arresto Menor
Hello Barristers,


Few years back, my daughter was taken by the court and was awarded to her mother due to her age. But now, she is 12 years old and her mother recently got married and is residing abroad. Can i take custody of my daughter again?

here are the facts.

1. I am not married.
2. Shes 12 years old and just living with her grandmother.
3. I am not giving monetary support but only through goods. (due to some precedence that they used the money for their own personal needs)
4. If the mother will request to pay for tuition/school needs, i never did once declined. Its just that the money is sent directly to the school and not to the family. I also give allowance to the child without them knowing. ( but i dont track of what i am giving her.)
5. Mother is married and is in abroad together with her husband.
6. Court decision is silent. No age as to when the child can go to me. No specific schedule for visitation rights.


Questions:

1. Are these reasons enough for the authorities to award the custody to me again?
2. Do i need to go through the court process again or the DSWD will just sort this out.
3. What are other things that i will consider if i wish to pursue this cause.

I will really appreciate if you guys can give me a legal perspective in regards to this.

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attyLLL


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A court decision on support and custody is never final. At any time you can ask the court through a motion. I suggest you don't go for the custody immediately because that is iffy for the father of an illegitimate child. Ask for regular visitation rights first considering the mother is away.


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DadNeedsHelp

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Arresto Menor
Thank you AttyLLL


i can visit but i cannot bring her around  town  which is just a few kilometers away. the kid wanted to come but the guardian (grandmother wont allow it). The kid also wanted to come home with me but she is still not courageous enough to speak her mind.

background: The kid was under my custody from month three to year 5. Taken away through court decision. shes below 7 at that time. i guess am a bit biased but mom is not that affectionate on the kid even before. How much more right now that she has a husband.

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attyLLL


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visitation doesn't have to be one way, you can ask the court that the child be allowed to visit and stay with you for a few days of the month or even every week.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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DadNeedsHelp

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Arresto Menor
That is good news sir. Thank you for the input.

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