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Dad seeking custody of illegitimate Child - Urgent Please

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Single Dad43


Arresto Menor
I have a child under seven years old with my ex-girlfriend. The child has been under my and my parents care since birth. Her mother left for abroad a few years back without our knowledge and havent heard from her for almost 2 years until recently she suddenly showed up and wanted to take the child under her custody.I was infact issued a subpoena asking me to have a conference with her, but I declined since there was no complaint and there were irregularities in the subpoena that made me doubt its authenticity.

To give you a background, back when we were together as a couple, our relationship was troubled. She had a very erratic behavior. She attempted suicide once. Also she's drunk most of the time. There were times when I would go home to our daughter alone in the province only to find out that she is seeing other men here in Manila and She is unemployed.

I finally convinced her to stay with our daughter in the province for a time. She stayed there for a month or so and then left for abroad without my knowledge. I hear that she worked as an entertainer and prosti there.

I only want whats best for my child. Can somebody give me some legal advice? What proper course of legal action should I take?

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attyLLL


moderator
the best way to prevent her from acquiring custody is to file a petition for custody in the family court. you can allege abandonment.

the law is against you. only the mother of the illegitimate child has custody rights. she even has maternal preference during the tender years before seven years

i hope you have proof of your allegations. there is no guarantee that you will win, but hopefully court action will get you to keep the child in the meantime.


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Single Dad43


Arresto Menor
I have witnesses (my cousins and helper) that accompanied me to the hospital when she attempted suicide. Would that suffice? I hope I can still get the records from the hospital coz that was three years ago. I have also witnesses that she brought a male companion while i was in the province visiting our daughter..

I also have evidence that she left without our knowledge. I enrolled her to a nearby campus so she can pursue her studies, but she just attended one class then left. I have the documents to prove that.

And about her work abroad, there is a facebook page that says she is working in a club there..could that constitute as evidence?

If this info would help, the child has my family name. Are there other ways to make my case stronger? thank you Atty.

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attyLLL


moderator
you'll have a good chance if she's just going abroad again and will probably leave the child with someone. if her immoral life is over, then it's not very strong argument.

note, she has many remedies against you to get the child, civil and criminal. police and the dswd may even help her.


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Single Dad43


Arresto Menor
Thank you atty. I was able to get a DSWD solo parent ID..Would this help?

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attyLLL


moderator
yes, but not much.


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rjdestura


Arresto Menor
Following up on this. Do you have any updates on what happened? I am going through almost the same situation except mine include two boys age 2-4. My GF if 6 yrs left and found out 1 week later she was engaged to another man. Please let me know.

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