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Single Parent

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1 Single Parent on Mon May 02, 2011 12:19 am

dana_erin


Arresto Menor
I am a mom of two kids of age 3 and 5. Need to know how i can obligate their dad to give financial obligations even if we are not married.

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2 Re: Single Parent on Mon May 02, 2011 7:13 pm

attyLLL


moderator
did he sign the birth certificates?


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3 Re: Single Parent on Thu May 05, 2011 4:20 pm

dana_erin


Arresto Menor
He did sign it. The problem is, I am financially needing help (since the two kids will go to school plus some medical needs like vaccinations - and he is just out there living a single good life impregnating women) and am worried that he might ask for custody proven that i may not be financially ok. However, he is currently unemployed but he is assisting/managing something for his sister where he gets his income. Am worried that it can either be taken against me or he may be proven unemployed that he is not or cannot be obligated financially.

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4 Re: Single Parent on Thu May 05, 2011 4:26 pm

You can file for an action for support. However, it depends on the capacity of the father if he can give the support. But as you intimated, the father is unemployed unless you can prove in court that he has other means of income.

You need not worry that he will be asking for custody. Under Section 213 of the Family Code, no child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise.



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5 Re: Single Parent on Thu May 05, 2011 4:27 pm

attyLLL


moderator
for illegitimate children, only the mother has the right to custody and parental authority. the father only has visitation rights.

i recommend you begin by talking to the father, then later elevating by sending a demand letter.


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6 Re: Single Parent on Thu May 05, 2011 5:46 pm

dana_erin


Arresto Menor
Thanks for the advice and assurance of custody.

I started talking to him, in fact, after 2yrs or so I amde him see the kids recently and come up with an agreement that he will assist. However, i need a guarantee that he will sustain it by placing it in writing. Apparently po kasi, ive been communicating kasi due na for vaccination ung kids and he made promises but up to now wala pa din. Am afraid ginawa and sinabi lang nya un para makita ung mga bata.

I needed to know as well if there will be much of a need to bring it in court so i can plan financially for all the proceedings. Kasi as per pao, di daw pde kung hindi indigent.








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7 Re: Single Parent on Fri May 06, 2011 11:27 am

attyLLL


moderator
you cannot compel him to sign anything, but the law obligates him to provide support even without an agreement.

you should begin with a demand letter. the next step is either a civil case for support, but i'd say a criminal case is more scary and get him to settle with you.


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8 Re: Single Parent on Fri May 06, 2011 3:49 pm

dana_erin


Arresto Menor
where do i obtain a demand letter? Does that require getting an atty? Or some notary public can provide a letter with what i needed? and when,how and where do i file the case against him? After we get a response fr him?

Sorry, this is my first time engaging an atty but you are really helping. Thank you.



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9 Re: Single Parent on Fri May 06, 2011 7:14 pm

attyLLL


moderator
it is better if an atty does it for you, but you can do it yourself. there are many samples on the net.

you will need to prepare a complaint affidavit to initiate a criminal case. it is filed at the prosecutor's office.


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10 Re: Single Parent on Thu Aug 11, 2011 10:11 am

dana_erin


Arresto Menor
Hello Attys!

Where can I find a family attorney who can assist me with this? Any referral? Thank you!

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11 Re: Single Parent Today at 8:40 pm

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