Need PHI Lawyer advice on ex boyfriend and families right to take a child

[LoveLife2 5]

Hello all,

I need PHI Lawyer advice on an ex-boyfriend and his families right to take an eldest child of 8 or even if the ex boyfriend and family can try to take both kids which inclusdes a 6 year old. I need to know the PHI LAW and something we can do to stop this attempt of taking my Girlfriends kid or kids. Any references of a PHI attorney in the Zambo city would be greatly appreciated.

My Girl had broken up with her boyfriend in August 2012 after the second time he was caught cheating with another woman. The first time he was caught was while she was recovering from giving birth to their second child who is now 6. He had seduced and slept with her very young teenage sister and was caught making out with her in the hospital outside her room. She walked to the door and seen them making out in the hallway.

She got smart and left him in August 2012. His family is connected by lawyers in their family and even a Sister who is a Mayor.

My Girl has been on her own and working for the same company for 7 years. She has always paid the bills and all of the kids private eduacation. Although the Ex-boyfriends Mom has assisted but on very irregular times especially when the payment was due. My Girl always paid the tuition to keep the private schooling to go on when the ex-boyfriend Mom didn't help assist for the oldest child. Seems they only want to help with the oldest???

The ex-boyfriend has been approved to work as a nurse in Canada and has a visa approval waiting. The ex has not been working for many months and most of his time he used his money to go to Manila nad ####### it up. The Ex boyfriends Mother suddenly paid half of a LOAN that was given to her by my Girl and secured by her Uncle and at the same time produced a paper and asked her to sign. The Paper stated that She, the MOM, would give up all rights to her child if brought to Canada and if she ever was to travel to Canada she would not have the right to her Son.The Ex boy Mom stated that since She was with her son for 5 years or over that she was in a 'Common Law' mariage nit a mariage but still the same. She then stated that since the eldest son was 8 years old that Fillipino law states that an 8 year old child has a RIGHT to choose which parent the child wants to go with.

My Girl accepted the payment of half the debt the ex-boyfriends Mother had paid for her borrowing earlier last year and was also over 6 months late, and said to her with Respect "I will need to take this document home and read it before signing".

After reading it is a clear document that gives up all rights to her child. Stateing the ex boyfriend can take him to Canada if he gets the Nurse job/visa.

Of course, She refuses to sign but hasn't told the ex family this yet.

Problem is, both the parents are schooled in PHI law. They purposely made this document stating her name as a 'Common law marriage' stating the 5 year together PHI law. The Sister is the Mayor of the local province.

I told her this, DONT SIGN ANYTHING. Stop letting the children stay at the house of the ex boyfriends family. They are YOUR Children. You now have a nice place that is more than suitable. If the ex-boyfriend or Mother try to get to the kids again, file a Police report and request a Restraining Order against them. Reason for the Retraining order, Possible abduction of your child or children and transfer to a foreign country with out your consent. I don't put it past this family to FORGE her signature to take either the oldest child or even both if they have a chance and fly them to Canada with their son the playboy.

Seems money of this family and their position in the community may work against her. She's woriied that even a Police report will go unoticed as the daughter of this family is a Mayor.

Help! Would it be good for her to notify PHI imigration to say her children are NOT to leave the country with the ex boyfriend?

Any advice is greatly appreciated.

[biaobiao 40]

better have your girl find a lawyer. Im not an expert but the ex-boy's mom was kinda right, once the child is less than 8, it will be the custody of mom PROVIDED that the mom can provide for the kids.

[I AM NOT THAT GUY 5,715]

In the Filipino court system, money and position mean more than the law. Your fiancee needs a competent and well-established attorney from within the community to have any chance at all. She needs to be able to document all the allegations you have made here.

[LSnBigBear 61]

What a mess. Power and position normally rules in the RP. Check Canadian immigration rules for bringing children in of an immigrant in states. Keep in mind what is going on works both ways if she wants to bring the kids to USA. Philippines law is odd and very judgmental due to parties involved. Sorry this all smells bad for you sorry to say. I wish you the best

[LoveLife2 5]

better have your girl find a lawyer. Im not an expert but the ex-boy's mom was kinda right, once the child is less than 8, it will be the custody of mom PROVIDED that the mom can provide for the kids.

Thank you for your reply, As you state you are not an expert, but please sate your reference of how the age of 8 is acceptable for a man not a husband, or his family to state the child is theirs? The Mother of the child does provide soul assistance for the child. It was a given that the ex-boyfriend would assist in the childs private eduacation but yet he never did. So in steps the ex-boyfriends Mom but only paying a smaller portion and never on time for which the actual Mother of the child always paid the bill.

Yes I will speak with an PHI attorney. That was my initial question as to who had a good contact.

Thank you for your time.

[biaobiao 40]

it was just a discussion i had with a law student. you really need a very good lawyer. Justice system is not as favorable here if you don't have money. Also have her check for women's group who are activist, GABRIELLA. They support harassed women, those who can't fight for themselves.

[I AM NOT THAT GUY 5,715]

it was just a discussion i had with a law student. you really need a very good lawyer. Justice system is not as favorable here if you don't have money. Also have her check for women's group who are activist, GABRIELLA. They support harassed women, those who can't fight for themselves.

My Filipina law school graduate is still at work. I will ask her later.

An advocate group might be a good place to get started.

OP - What community is all this happening in?

[louiep 7]

there is no such thing as common law marriage in the phil and if any childern were born between the two parties by phil law the mother has full and unimpeading rights to the children as they are illegimate further if the mother so chooses she can immigrate with the children as long as the children have passports,which can be obtained by the mother easily as she has full custody under the law because she was never at anytime legaly married to the childrens father,my advice would be to have absolutely no contact with the ex or any friend or member of his family!!!!!theres nothing that your ex can do to stop you from immgrating with your children with the one who really loves you!!!just have all your proper paperwork for immigration n for the embbassy interview and passports for you and the children and your good to go,just completly stay away from the ex n his family till you immigrate!its actually illegal what and how the ex's mother is trying to do n how shes trying to draw you into something which yes can be undone its called human bribery on a selfish level,but would take months n alot of court dates in manila please just take my advice!!!!!!!!

[MedRoni 161]

I found this pretty dead on for your situation:

Child Custody Philippine Legal Counseling

This lawyers link also talks about the right to choose the parent you live with at 8:

Phil Child Custody

Hopefully it helps. Either way, I wish you guys the best!

[LoveLife2 5]

I found this pretty dead on for your situation:

Child Custody Philippine Legal Counseling

This lawyers link also talks about the right to choose the parent you live with at 8:

Phil Child Custody

Hopefully it helps. Either way, I wish you guys the best!

Thank you for the Philippine E-Legal Forum site on your second link as it clearly states what I thought and most of the other posts agree on. Please read it thouroughly as it does mention children under 7. But please note the last sentence:

What is the general rule as to custody over children?

The general rule is that a child under seven years of age shall not be separated from his mother, which is based on the basic need of a child for his mother’s loving care. Article 213 of the Family Code provides that “[n]o child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise.” This is more pronounced in case of illegitimate children, as the law expressly provides that illegitimate children shall be under the parental authority of their mother.

[LoveLife2 5]

I find this legal description of how a Woman can loose custody fitting for why the (ex-boyfriend) should not have custody.

Is this rule absolute?

This rule is not absolute. Even a mother may be deprived of the custody of her child who is below seven years of age for “compelling reasons.” Instances of unsuitability are neglect, abandonment, unemployment and immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity, and affliction with a communicable illness. Negligent and careless failure to perform the duties of parenthood is a significant element of abandonment, regardless of actual intention. A strong basis for a finding of the parent’s abandonment of his or her child is found in the case where the parent has left the child permanently or indefinitely in the care of others, given it to another, or surrendered it entirely.

He abonded his children, he is unemployed, he is imoral for sleeping with her little Sister while she gave birth, he is a drunk and there are pics showing, and the unstability of no payments from him but a few bucks from the Mom are not enough to satisfy this clause. If Moma wants to bring this on cause she now has money, then I will defend with all my might. And the daughter the Mayor? I think it's time to hire a good private detective and dig ALL THE DIRT on this family and make it known in a court of law all the things this family never wanted to be known. Nothing to hide right?

My girls best defense is what what said earlier, Stop letting the kids be with this family and if they persist let them know they will not win. Ultimately I think a court would like to hear about the life I have and what I am planning and willing to give these kids and their Mom. I'm not a Mayor but pretty sure I have a more stable life and income than her.

[Rocky_nBullwinkle 6]

I found this pretty dead on for your situation:

Child Custody Philippine Legal Counseling

This lawyers link also talks about the right to choose the parent you live with at 8:

Phil Child Custody

Hopefully it helps. Either way, I wish you guys the best!

He's right. You need a good lawyer to represent your case. Consult the Family Code of the Philippine particularly Article 213: "No child under seven years of age shall be separated from the mother, except when the court finds cause to order otherwise."

In all questions on the care, custody, education and property of children the latter's welfare shall be paramount. No mother shall be separated from her child under seven years of age, unless the court finds compelling reasons for such measure. (Art. 363 Civil Code of the Philippines.

There is no question that the mother of the children, being minors, is entitled to have custody of them.She cannot be deprived of that right and she may not even renounce or transfer it "except in the cases authorized by law.

[Boiler 43,516]

In the Filipino court system, money and position mean more than the law. Your fiancee needs a competent and well-established attorney from within the community to have any chance at all. She needs to be able to document all the allegations you have made here.

Same as the US then.

[I AM NOT THAT GUY 5,715]

Same as the US then.

The one real difference, family law in the US gives the presumption to the wife, and gives great consideration to the opinions and allegations of third parties. In the Philippines, right or wrong, it is still very much a man's world. However, only in the Philippines, are children, even as young as 5 years old, given great deference as to which parent they wish to live with. On this last point, the parent that gives them the most stuff, and is the most fun to be with, gets custody.

[marklovetina 52]

there is no such thing as common law marriage in the phil and if any childern were born between the two parties by phil law the mother has full and unimpeading rights to the children as they are illegimate further if the mother so chooses she can immigrate with the children as long as the children have passports,which can be obtained by the mother easily as she has full custody under the law because she was never at anytime legaly married to the childrens father,my advice would be to have absolutely no contact with the ex or any friend or member of his family!!!!!theres nothing that your ex can do to stop you from immgrating with your children with the one who really loves you!!!just have all your proper paperwork for immigration n for the embbassy interview and passports for you and the children and your good to go,just completly stay away from the ex n his family till you immigrate!its actually illegal what and how the ex's mother is trying to do n how shes trying to draw you into something which yes can be undone its called human bribery on a selfish level,but would take months n alot of court dates in manila please just take my advice!!!!!!!!

true, but sometimes the problem comes up if the other party fight for their right... if that happen then your girl needs to find a good lawyer..