Jason: The child is only 6 months old – at this age, it is not ideal for his safety and health to take the child out of the mother`s house. Perhaps, if the child is older, you can demand this kind of privilege from the child`s mother. The child is not a toy and his needs come first. Infants need their mothers for care, feeding, etc. In fact, this is one of the well-known disadvantages of not being married to the child`s mother – the rights of an illegitimate father are really limited. Have a nice day! In the wency, I have 3 children to my ex-girlfriend a 12 year old girl and 9 year old twins, her family separated us because we are not married because I am unemployed, the twins are then 2 years old. Since then, my ex hasn`t allowed me to visit my kids so far and what`s sad is that she got married and told my kids that her father was her new husband. my children did not recognize me as their father. The twins have my last name. What are my rights towards my children, since they do not know me, I have a right of access, since I cannot support them, but my sisters and my father can support them, do I still have the right to be recognized by my children as their father? Thank you, I hope you can help us. Dear Atty. Galacio, my husband has 2 children from his life partner before.
We have problems with the wife because she doesn`t want my husband to see his children. My husband is a sailor. We got married last month. She continues to send unethical messages to me, my husband and my mother-in-law. First of all, before they are 1. Having a child, she began threatening my husband with suicide. So far, in December of last year, we have their messages. She is unemployed. She teaches her 1st child (including 8 years old/ o, her 2nd child is 3 years old) bad words to call her father only by name, I also have a TEXT MESSAGE with the name of her child saying things you can`t imagine an 8 year old boy could say. It takes a lot of money. There are times when she asks for money and says the children were sick, but most of the time they are not.
We agreed that instead, we would give money to support the children, but goods. By the way, the woman has a daughter from another man, who was her 1st child (12d/o). My husband also supported his child for almost 9 years. And if ever, her child needs something from school, service fees, etc., my mother-in-law will be the one who will pay personally. We are not so sure if she uses the money for the 2 children because every time they visit the children, my mother-in-law can say that they have not been well taken care of. (by the clothes they wear, always have lice, dirty nails, etc.) My husband is a good person, I can feel the pain every time he remembers his children. Questions:1. What`s the best part of submitting a petition? Rights of custody or only rights of access?2. Is it possible for my husband to file the petition even if he goes to the country for work?3. How long does it take approximately to complete the file?4. If he applies for custody, is there a chance that he will win the case and have his 2 children? Given the woman`s actions?* I am also a sailor, if he will ever have custody of the children, to whom can he entrust them? My in-laws have a petition in the United States and maybe they will leave this year. But my husband has 2 brothers who work here and an aunt barangay captain who is willing to take care of the children when we are not in the country.
Thank you lawyer Galacio, you help a lot of people. I hope to hear from you soon. Good morning, sir! Have a nice day! I just separated from my wife for 3 and a half years. We already had an agreement on the child where I can borrow the child for at least 1 week/month, which is not documented. Luckily, she changed her mind and told me that what I could only do to visit the child at her home in a province – where she left our son thanks to the care of his mother – who also works. Literally, she left our son in the care of another person. The questions are: 1. Would it be possible that if we agree on something, it is legal for me to take my child on vacation with his consent?2. Does she not violate any law because the child should be with her and not with someone else? If so, can I apply for custody of the child? 3. What are the details of visitation rights? Is it just the child`s visit? Can I take my son with me and sleep with me on weekends/for a week? Thank you! MLS: “My question is whether there is a document/affidavit that I can get him to sign that makes him give up his parental rights and make me the sole decision-maker regarding my daughter`s well-being.” Her daughter is illegitimate, even though she has been recognized by her biological father.
Her daughter remains illegitimate even though, for example, she uses her father`s surname on the birth certificate. In accordance with article 176 of the Family Code, you have THE ONLY parental authority over them. This means that you only have the right to custody and all decisions concerning your daughter by express provision of the law. What the biological father has is visitation rights. If you and the father cannot agree on the terms of the visitation, he or you must file an application with the court to establish those conditions. (As I explained in this article, granting the father access rights in the Silva case did not prevent the mother from emigrating to another country later.) Wency, The issue of access and support is distinct. As you have already read in this article, you have visitation rights and your children know you as their biological father. If you and the mother of your children cannot agree, you will have to go to court to let it decide on the terms of your access rights. 1.
Please note that since the child is illegitimate, the mother has SOLE [parental authority. What you have is just visitation rights. If you want custody, you must go to court and file an application for deprivation of custody to the woman. Therefore, please note that you cannot insist that she cannot travel to and live in the province, as this would affect your visitation rights. The fact that she goes to the provinces with the child is an exercise of her parental authority. In this exercise of parental authority, she may leave the child in the custody of another person. However, if the child`s well-being is concerned, you can apply for custody of the child. However, given the bias of the law in favor of the mother (especially if we are talking about illegitimate children), you will find it very difficult to get a favorable court decision.
As mentioned in a Supreme Court decision, although the man was granted visitation rights, his rights prevented and could not prevent the mother from taking her children abroad when she immigrated.2. For a more detailed explanation of a parental agreement or access rights agreement, please see Atty`s blog. Florido with the title “Philippine Legal Advice”. However, the problem with simple consent to your wife under the common law is that such an agreement can easily be revoked if you have a dispute or disagreement. It is best for you to go to court and ask them to set your time and conditions of visit. JM: You can contact the prosecutor`s office for free legal advice – but there are income requirements and you need to check if you qualify for free legal services. I also suggest that you try to write down your visiting conditions and limit the time and place and have the father sign so that he is aware of his obligations under this agreement. I hope this helps.
Dear Atty, thank you for clarifying things for me. I would advise my cousin to be able to move freely here in Manila. But I`m still worried. In Atty. Florido`s blog, which you referred to somewhere here, talks about parental agreements. And she writes that “this applies to co-parents, whether or not they have been officially married to each other” and that “violations of the agreement may result in a breach of contract lawsuit or a contempt claim by the injured party.” And then there is the “relocation or relocation regulation”. I know you have already declared section 176, but she will not be able to deal with it if the father charges her. She has no one to help her, and it`s impossible for me because of the busy schedule, the distance and the fact that I have problems myself.
All I can do is write him what I`m learning here. Good evening, ma`am, I have a 6 month old daughter with my ex-girlfriend and we are not married. Since she gave birth with our daughter, she lives in our residence, but unfortunately we separated again for some reasons, so she decided to return home, since then until now as a father, I tried to ask permission if I could borrow my daughter for any day of a week, but then she refuses all my requests, so I began to wonder why she did not allow me and gave me rights when I never fail to give the necessities and needs of my daughter completely not in cash, but in cash. my question, madam, can I bring my daughter into our house?? going out with my family? or with my parents?. . . .