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Husband and wife living separately but not yet divorced. But the mother won't allow any visitation rights to the father.

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Asha


Arresto Menor
Hi there lawyers, I really need your help on this one.. My boyfriend and I have been together for almost a year. He's still married but they're living separately with each other for a year now. They have one child who's 3 years old already and is in the custody of the mother. The problem is that she won't allow my boyfriend to visit his child. My question is what can he do about this? Can we file an appeal to the court for his visitation rights? May laban po ba ang father ng bata for this? Thank you very much and hope to hear from you soon lawyers. God bless.

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Dave S


Arresto Menor
Hi Asha,

I am not one of the atty/moderator here but was in a similar situation with my wife when we split up and seperated

I was advised (and did it) to apply via an attorney for a writ of Habeus Corpus and submit it to Court of appeals (Attorneys know how to do this)

Basically it means the wife has to appear in Court with the child and it is sorted about visitation rights, support etc

If your boyfriend is the father, he is entitled by law (Judges words in Court not mine) to be allowed to have visits from his child, the wife is actually breaking the law (again Judges words not mine) by not allowing him to see the child.

Sorry if I have posted out of turn but hope this might help Asha

Good luck, it proved worthwhile for me, even it is a little costly, I now have my son every weekend for 2 days Very Happy

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Asha


Arresto Menor
Hi Dave,

Thank you very much. May I know how much money do we need for the whole process and how long will it take? And also, what if the mother refuses to cooperate or appear in court, would there be a possibility that the court may dismiss what we have filed?
Thank you again for your time, Dave. Smile

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Dave S


Arresto Menor
Attorneys fees when I did it included the application for the Habeus Corpus .. they fill in the details your bf gives, take it to Court of Appeals nearest to where he lives and wait for a date. Cost me around 45,000 pesos total but obviously varies on Attorney charges.

I applied in April this year and was in Court May, approx 5-6 weeks (again depends on Court schedules). If the paperwork is received by the mother (respondant), she signs to say she got it and has no choice but to appear and bring the child with her (you can look up Habeaus Corpus on the internet for the full guide on what it is and how it works). I do believe I remember at the time my Attorney saying if my wife signed and did not appear she can be arrested and forced to appear (don't quote me on it) ...

The court will not normally dismiss Habeus Corpus.

My wife told Court she did not want me to have visits, the 3 Judges sitting said it is against the law to deny access to the minor child by the father, so basically he has the same rights as me.

Good luck with this, I hope everything goes well for him

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Asha


Arresto Menor
Thank you very much for this information Dave. God bless you always!

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