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my wife's brother will not give back her eldest daughter

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rodmanvirgo


Arresto Menor
Hi I am married to a Philippine girl that has 3 kids. Before I came to meet her, her family told her to tell me she has just 2 kids or I would not come and marry her. So she did what her family told her to do. After we were married 3 months she broke down and told me about her eldest daughter. She told me that her oldest brother and his wife cared for the daughter when my wife was young and not responsible. She then told me that her brother and his wife made a false birth record for entrance to school. since when she told me, she has wanted to get her daughter back so that we can have our family complete. I also want that. Now she has asked for the daughter back but the brother won't give the child back. My wife has gone to the barungy hall and summonsed her brother to a conference, but he just get wild and rip up the summons. Then my wife's papa tell my wife to stop the actions and that he will be the one to moderate, she let him but he is bias to his eldest son and has not helped us get our daughter back. We have talked to an attorney and we know that if we take this to court that the brother, his wife and the Doctor that signed the false birth record will go to prison for counterfeit NSO documents and kidnapping. Today I found some law that states:"Parental authority and responsibility are inalienable and may not be transferred or renounced except in cases authorized by law. The right attached to parental authority, being purely personal, the law allows a waiver of parental authority only in cases of adoption, guardianship and surrender to a children’s home or an orphan institution. When a parent entrusts the custody of a minor to another, such as a friend or godfather, even in a document, what is given is merely temporary custody and it does not constitute a renunciation of parental authority. Even if a definite renunciation is manifest, the law still disallows the same." from what I see, My wife can take her daughter anytime because no documents were ever signed and no legal adoption was done. My wife thinks that if she just takes her daughter, that her brother can file charges to her for kidnapping. But he is the one in fact that kidnapped and made a false birth record to the NSO. Please help me to explain to my wife that she has every right to take her daughter (please use simple words and Tagalog or vasiyan) Also what rights as the legal stepfather do I have?

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attyLLL


moderator
so there is no birth certificate which states that your wife is the mother? if none, as of now, the legal presumption is that the brother and and his wife are the parents.

you are correct in saying that custody is never permanent, but it will have to take a court case to compel the brother to turn over the child.


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rodmanvirgo


Arresto Menor
Hi, yes my wife has the original nso birth record but she also got the illeagle one from the nso. so acording to the attorneys here she can procecute her brother for false documentation of nso records and kidnapping....So as I stated can she just go get her daughter? and can her brother file kidnapping charges on her? she has the original birth certificate.

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attyLLL


moderator
ah, so there is a first birth certificate naming your wife as the mother? is the name of the child the same?

I do not believe it will be wise that she just go get her daughter else she will be the one facing kidnapping charges. It will be better to undergo a proper judicial process.


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