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Sole Custody of Children

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1 Sole Custody of Children on Sun Apr 29, 2018 6:25 am

river


Arresto Menor
Hi. I am a mother of 2. I was married to their father, and we were separated after 5 years. I have my children from the time we separated, and he never visited and supported our children since then. I have no information of his whereabouts now. It has been 10 years now. I have signed an affidavit of abandonment 2 years ago to document this. What are my chances of obtaining sole custody of my children? Thank you.

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2 Re: Sole Custody of Children on Sun Apr 29, 2018 12:18 pm

thepoetsedge

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Reclusion Perpetua
It depends upon the family court where your case was raffled. Was part of your petition having your husband declared presumptively dead since he has been gone for almost 10 years? Is there already a decision regarding your case? Follow up the status of your case in the RTC where your case was raffled.

Ask the advice of your lawyer (assuming you hired one) as to your chances of obtaining sole custody over your children, and also ask him what is the current status of your case that is pending in court.

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3 Re: Sole Custody of Children on Sun Apr 29, 2018 8:57 pm

river


Arresto Menor
Hi. Thank you for your information. I have not filed a case yet. No lawyer yet at this time too. I may need custody papers for immigration purposes, if the travel clearance from dswd and the affidavit of abandonment that I have signed will not be enough. Would it be hard for me to get custody papers done in case i would need it, considering the father has not been in my children's lives for 10 years now? Thank you.

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4 Re: Sole Custody of Children on Sun Apr 29, 2018 11:05 pm

thepoetsedge

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It depends. DSWD usually has its own set of rules regarding immigration purposes for single parents. You should call the office of the DSWD to ask what are the requirements in obtaining travel clearance for your kids and work on securing said requirements.

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5 Re: Sole Custody of Children on Mon Apr 30, 2018 2:10 am

river


Arresto Menor
Hi. I have secured travel clearance for each of my children in 2016. Also, i have signed an affidavit of abandonment in 2016. Would these help if i file later on for sole custody for my children? Can we presume that he is dead? What are the grounds that would merit a sole.custody for a parent? Please help me understand. Thanks so much!

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6 Re: Sole Custody of Children on Mon Apr 30, 2018 10:39 am

thepoetsedge

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Those can be used as evidence to convince the family court on granting sole custody over your children, but you need to hire the services of a lawyer so that he can review the evidences you have and recommend the best course of action for your case.

A declaration of presumptive death has its pros and cons, and it depends on the evidences you have on hand if such can be used to nullify your marriage with your husband. Again, a lawyer is needed to see if your case can prosper in court.

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7 Re: Sole Custody of Children on Mon Apr 30, 2018 6:56 pm

river


Arresto Menor
Alright, I wil get in touch with a lawyer. Thanks. Another question please. In the Philippine law, what are the basic considerations when deciding on whether to give sole custody to a patent? Thank you.

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