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Mother of my daughter let another guy signed the BCof my daughter without my consent

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Danj


Arresto Menor
Hi,

I'm a new member here and what leads me to register here is because of my complicated case. The mother of my daughter did not informed me that she already gave birth last March 22, 2011. aside from that, She let another guy signed the birth certificate at the hospital and used the surname of that guy as a surname of the baby. we already had an arrangement before that her mother will just text me if she is about to give birth to sign the BC. I knew that she gave birth when she withdrew money from our joint account. What are my rights to the baby?Does it really necessary to order a DNA Test?Thanks for your replies!Really need help!Godbless you!

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TiagoMontiero


Prision Correccional
^
1. the child being illegitimate, primary custody belongs to the mother, nonetheless, as the biological father, you have some visitational rights over the child;

2. Also you have the right to put your name in the Birth Certificate as the biological father. What the other guy did was simulation of birth which is illegal considering that he is not the father of the child;

3. DNA test is not necessary in case the mother admits that you are the Father, but if she denies your paternity, then you must prove your paternity and DNA Test is the best proof.

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Danj


Arresto Menor
Hi,

Thanks you for your reply.
I don’t want to escalate this to the court as much as possible but what if the mother does not let me visit the child or exercise my rights?(I have a text message/s of her asking me to move to another office because we are working at the same company )
Worst case scenario if I decided to file a case, what case can I file?

Thanks again! Really appreciate your time. Godbless!

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Danj


Arresto Menor
Hi,
Follow up question, if i decided to file a case, how much would it cost?

Thanks again!

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Danj


Arresto Menor
Hi Atty,
Follow up lang po on this question.Thanks!

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attyLLL


moderator
danj, right now you don't have any legal rights. if you want to be listed as the father, you will have to file a petition for filiation. otherwise the birth certificate is conclusive.

you can try the tact of threatening them with a charge of simulation of birth, especially the dad.

if you are ok with an informal arrangement (meaning the birth certificate is not corrected.), then you can negotiate whatever agreement with the mother.


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Danj


Arresto Menor
Hi,

Super thanks po..
pag-isipan ko pong mabuti..kasi po alam naman po natin na abala at magastos ang demanda..kaya po tinatantya ko po kung magkano kaya aabutin kung sakali..Meron po ba kayong marerekomend na law office or firm malapit sa caloocan or meycauayan bulacan?

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Danj


Arresto Menor
Hi attorney,

I would like to ask for an update on this one.Thanks so much!

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attyLLL


moderator
what have you done so far? did you contact the mother?


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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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