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Permanent Custody Vs Sole Responsibility

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1 Permanent Custody Vs Sole Responsibility on Sat Aug 20, 2011 3:58 pm

Good day!

I was married before but got annulled. My ex husband has has a very good income working overseas but he was not a good provider to our son. He abandon us that is even before we separated. He never give financial support or anything to our son. He was never a good father and has very little involvement in our child’s life as most of his time is spent with his friends and all his vices when he arrived in the Philippines.

When I have my nullity of marriage papers the certificate of finality indicates the following word:

"FURTHERMORE, the Court hereby awards the PERMANENT CUSTODY of the child (my son's name).... to plaintiff (me).... "

My questions are:

1. With the above paragraph, having given the PERMANENT CUSTODY does that mean that
I have been awarded the SOLE RESPONSIBILITY of my son as well?

2. I am married again here in the foreign country in which me and my son are already a citizens. My son has been using my now husbands surname since there is a legal way of changing a name here by not going into adoption route. Since we want my son to have dual citizenship we are in the process of adoption here in order for his new name to be recognize in the Philippines. With the adoption does his biological father needs to signed anything? We don’t know his whereabouts for years but recently found an account with his name on facebook. I sent a message but havent received a reply. Will it speeds up the process since he didn’t reply?

3. Since me and my son are already citizens in this foreign country does my son’s biological father have any rights or can sue me?


4. If we become dual citizens, does my son’s biological father still have any rights or can ran after me and claim back my son?

5. If we will be successful with the adoption process here, what it the process in order for my son’s new name to be regognize in the Philippines. Does it needs to go to a court again or will it just needs to be registered to the NSO?

Your help would be very much appreciated with my case and hoping to get some legal advise from you. Thank you for putting a site like this.

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2 Re: Permanent Custody Vs Sole Responsibility on Sun Aug 21, 2011 5:21 pm

attyLLL


moderator
when you say you have begun the process, does this mean you already have a lawyer assisting you in the adoption?


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3 Re: Permanent Custody Vs Sole Responsibility on Mon Aug 22, 2011 5:46 am

We begun the adoption process here in the foreign country. I understand that we still need to lodge it in the Philippines in order for his new name to be recognize. Not quite sure how and where to go after the adoption here? will it be through a Philippine Court or direct to the NSO.

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4 Re: Permanent Custody Vs Sole Responsibility on Wed Aug 24, 2011 12:36 am

attyLLL


moderator
i would recommend that you just process your adoption there. once final, you can have the decree of adoption recognized here as a foreign judgment rather than filing a new petition for adoption.


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5 Re: Permanent Custody Vs Sole Responsibility on Wed Aug 24, 2011 8:45 pm

Thank you very much. What are the steps to undergo in
order for the foreign decree of judgement be recognized
in the Philippines?

Do we still have to go to court or does it still needs
to be published in a newspaper?

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6 Re: Permanent Custody Vs Sole Responsibility on Fri Aug 26, 2011 3:53 pm

attyLLL


moderator
yes, it has to be filed in court. if you need more information, send me an email at attylllaw@gmail.com


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