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Rights of a mother over Illegitimate children

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1 Rights of a mother over Illegitimate children on Wed Jun 01, 2011 1:01 pm

rhain


Arresto Menor
Hi,

Ask ko lang po if I can demand for an exact amount of financial support from the father of my two siblings? Their father and I are not married and I have a relationship with another guy. Their father do not want to give financial support if my children are with me. He said that he will only give support if our children are with his parents. Right now, my two siblings are with them because he does not want to give support and I don't have enough money to support for my two children. Every time I visit my children, his family gets angry and they're telling me different bad things. Inaaway nila ako parati and they don't want me to visit my children.

My question is, what should i do? what legal things can i have? I don't have money to pay for a private attorney. Their father pala is a seaman and he is in the philippines right now and will be leaving again soon.

Please, need your advice... thanks!

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rollie002


Arresto Mayor
Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.

the following are obliged to support each other to the whole extent


4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and

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rhain


Arresto Menor
Acknowledged naman po ng father nila yung two kids ko and they both are using his surname on their birth certificates. The problem is, ayaw magsupport yung father nila if my two kids are with me. And since andito sa pinas yung father, ang rason nya is wala daw sya pera na pansupport. But it can't be true!

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rollie002


Arresto Mayor
you can file a petition for support to compel the father to give support

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attyLLL


moderator
i recommend you file a criminal case of economic abuse, and get a watch list order so he can't leave for four months. this will hopefully force him to enter into an agreement to send support.


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rhain


Arresto Menor
thanks for the advices... another question, will it be a reason na hindi sa'kin maibigay yung sole custody sa mga bata if i have a relationship with other guy? we're already living-in but we're not yet married...

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attyLLL


moderator
no, you are not married. note, siblings means brothers and sisters. i believe you mean your children are with his parents.

you are putting yourself in a weak position by requiring support before you get your children.


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