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Mother and mother's parents wont allow me to see my son.

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khuras


Arresto Menor
Hi, we are not married. We have a son. During birth, I recognized my son and we signed the birth certificate for my son to bear my last name. I had the birth certificate registered sa marikina city hall.

Now, we dont have plans of getting married nor in the future as the mother is already seeing someone else. I want to see my son who stays with his mother at her parents house. I spoke with her parents and they wont allow me to visit my son as in their point of view, it will confuse my son kung bakit paminsan minsan lang ko sya makikita. And also they want to change the last name of my son to their last name.

Legal naman po na my son is under my last name since at birth we both recognized the kid. Tama po ba?

In case mag file po sila ng demand, ano po ang change na mapapalitan nga nila yung last name ng anak ko sa last name nila?

Nagsusupport naman po ako sa anak ko. I can push for my visitation rights. Tama po ba?

When I talked to my dad at ng nalaman nya na nag susupport ako pero di naman pinapakita sakin yung bata, sabi nya wag muna ako mag bigay ng pera since hindi pinapakita sakin yung bata or not until makipag settle sila na mavisit ko yung anak ko. Okay lang po bang ganun?

Maraming salamat po.

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attyLLL


moderator
do not tie together visitation with support. if you fail to provide support, you may be charged with economic abuse under ra 9262.

to enforce your right to visitation, send a letter with a proposed schedule of when you will get and return your child. escalate by filing a complaint at the bgy, and later a case for enforcement of visitation rights.

leave them to figure out how to change the child's surname. up to now I can't figure out a sure way aside from adoption, and you can oppose.


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3 reply on Mon Jan 02, 2012 7:41 pm

khuras


Arresto Menor
Thanks so much for the information.

In regards to support, I have been giving my support straight to the mother of my son. However, she tells her parents that I'm not giving support for my son.

The problem is I dont have a proof that Im giving money to her as I give it in cash. When I spoke to her parents regarding visiting my son, they wont allow me and they said Im not giving support and that I cant give my son a good life. I cant present any evidence that im giving money to for my son.

The last time I send money was to deposit it to the account of my son's mother so at least I can have a deposit slip.

How about the times that I didnt have a proof. Will they be able to take it against me whenever we go to the court?


This month I didnt send money as I was unsure what to do regarding this.

Also, the mother of my son threatened me that they already filed a case at the some legal service, im not sure what case is that, whether its regarding the last name issue or the support issue.

Your reply is appreciated. THanks so much!

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attyLLL


moderator
proof of providing support is your burden. it was correct to send it through bank so you have proof, but wrong to stop.

see my previous suggestions on how to enforce your visitation rights


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khuras


Arresto Menor
Thanks for your reply.

In regards to visitation rights. You said that I need to send a letter stating of the schedule of when I will get and return my son. Where should I address it, should i bring the letter to the barangay or send it to the address of her parents?

What documents should i bring to the barangay?

How long can i take my son, does it limit to a day or should i return my son within the day? How long can my son stay with me in terms of my visitation rights?

Thanks so much!

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attyLLL


moderator
you are negotiating, anything is possible. i recommend you request that the son can stay with you from friday night to sunday lunch time on alternating weekends plus rights on special days such as christmas, birthdays, etc.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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khuras


Arresto Menor
thank you so much! I really appreciate your suggestions. Will do that!

Again thank you and i hope you know how helpful you guys are specially to those who have legal questions so they would have an idea what to do.

Awesome! More power!

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