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child custody

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1 child custody on Thu Jul 07, 2011 1:24 pm

Lo Ree


Arresto Menor
good day. I have a brother who has a live-in partner for 8 years. They have 2 kids under his name (7 & 2 yrs old). My brother has been working abroad while the family lives in the house financed by pagibig. Recently, he found out na may kalokohang ginagawa ang live in gf nya. May mga guys na minimit and he has evidences. Aside from that, maraming ikinakalat na paninira yung babae sa kapatid ko. Pero she keeps receiving money, lahat ng pinagpapaguran ng brother ko nilulustay lang nya. 3 weeks ago umuwi brother ko sa Pinas to separate with her dahil di na nya matagalan ang pagpapabaya sa mga bata, sa bahay at patuloy sa panlalalaki.She agreed to separate with him, and she agreed na sa brother ko maiiwan ang mga bata. Pero yesterday itinakas nya mga bata while he was away. Ano po ba ang mga rights ng bro ko bilang ama ng mga bata? Financially, mentally he can raise the kids well.Yung babae ay walang trabaho, wala ring alam sa pag aasikaso ng pamilya, pabayang ina in short. Pwede po ba na makuha ng bro ko ang custody sa mga bata though hindi sila kasal ng babae? Pls help.

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2 Re: child custody on Thu Jul 07, 2011 4:04 pm

the children are considered illegitimate as they were born out of wedlock.

under the rules, the father of an illegitimate child has only visitorial rights as the custody belongs to the mother.

however, in the event that the father can prove that the mother of the child is not capable to take care of the child, custody may be given to the father taking into account the best welfare of the child.

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3 Re: child custody on Tue Jul 12, 2011 6:00 pm

Lo Ree


Arresto Menor
thanks po sa reply..aware po kami that the custody of the children belongs to the mother as per rules..but we have gathered so much information na pwede namin magamit to prove that the mother is not fit to take care of her children. my father ( who lives with them), neighbors, teachers, and the principal are willing to give their sworn statements. My questions are: my brother is an OFW, he comes here twice in a year. Makakaapekto po ba ito sa paghahabol nya na makuha ang mga bata? My father and I can take care of the kids while he is away. And if ever we win the case, can we deprive the mother from seeing the kids? Or pwede po ba namin mailayo ang mga bata kung san hindi na nya makikita? I know this is hard bcoz I am also a mother but her actions are not tolerable. Malupit sa sariling mga anak.

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4 Re: child custody on Tue Jul 12, 2011 6:04 pm

The father is the proper party in filing an action for custody. While I understand your major concern, still you cannot ask in court that the custody be given to you and your father. How could the father demands the custody of the child if he himself is away? Crying or Very sad

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5 Re: child custody on Tue Jul 12, 2011 8:13 pm

Lo Ree


Arresto Menor
My brother has already filed a case for custody. He signed the papers before leaving the country. My father and I were given SPA to represent him. Am I right that we can file petition for custody if my brother wins? Someone caught his live in partner doing malicious acts while chatting with another naked guy on her laptop. Will this be enough to gain the custody of his children?

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6 Re: child custody on Sun Jul 17, 2011 8:12 am

Lo Ree


Arresto Menor
My brother has already filed a case for custody. He signed the papers before leaving the country. My father and I were given SPA to represent him. Am I right that we can file petition for custody if my brother wins? Someone caught his live in partner doing malicious acts while chatting with another naked guy on her laptop. Will this be enough to gain the custody of his children?

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7 Re: child custody Today at 6:03 am

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