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

[dave01 16]

The thing that most people are missing here is that the father ( since they weren't married } has absolutely no rights. Even if he runs off with the kids he could never get them into the US or Canada without his wife's help. The age of the children only matters if your talking about a legal separation or annulment. He can intimidate and make all kinds of threats but he has no legal standing.

[I AM NOT THAT GUY 5,715]

The thing that most people are missing here is that the father ( since they weren't married } has absolutely no rights. Even if he runs off with the kids he could never get them into the US or Canada without his wife's help. The age of the children only matters if your talking about a legal separation or annulment. He can intimidate and make all kinds of threats but he has no legal standing.

Not exactly true. In this case, the mother has given the father and his family implied guardianship over the children.

The mother, as the parent who is the sole parental authority over the illegitimate child, can designate her rights to other person who could have temporary custody over said child, as in cases where the mother is away for a valid cause. In view of the constitutionally protected inherent and natural right of parents to their children, the father may exercise visitorial rights over his illegitimate child. He may only exercise parental authority over his child if the same has been delegated to him by the mother or in case the mother has been declared unfit and the court awarded custody to him. The following grounds are considered ample justification to deprive the mother of custody and parental authority: neglect or abandonment, unemployment, immorality, habitual drunkenness, drug addiction, maltreatment of child, insanity, and affliction with a communicable disease. In cases of custody, the court shall always consider the best interest of the child (Joey Briones v.Maricel Miguel, et.al., G.R. 156343, 18 October 2004).

[Grant PDX 183]

OP, I would be careful here about making assumptions. There are some things that seem very clear in filipino law, but some don't seem clear at all. Normally a mother in this case would have sole right to the children. But if I recall from your previous posts the oldest child has spend significant time in the care of the paternal grandmother. The fact that the child is over 7 and has spent significant time in the father's care (could be just the grandmother, but in court I would expect it to be presented that it's time in the care of the father), I don't think this will be cut a dried. I would get a good local attorney. Although some will say the mother has all the rights, which is normally true, I don't think this case will be as cut and dried.

Another thing, your story presents the father as a horrible human being. This is, I am certain, only coming from one side: your fiancee's. He has done some bad things. At the same time he or his family are taking care of his child, he has gotten his nursing degree, and he's secured a Canadian visa allowing him to go there to work. Put these together and it looks like he's been studying and working hard to secure the future of his family. I'm not saying this to say he's a great person, but there is a whole other story here that I'm sure you're not seeing, but will certainly be presented if this goes to court. If his family has contacts that ease his ability to get the judgement that he wants, there is a fair amount of risk for your fiancee. Given the "other side of the story" they may very well be able to present your fiancee as the "bad" person and the ex-boyfriend as the one who has been working for years to provide for the future of his family. Again, I'm not supporting him, just trying to give the alternative view that may work against your fiancee in any future custody battle.

Sorry you find yourself in this situation, but you may be in for a difficult battle in the future. IMHO, your fiancee must get a good local attorney ASAP and get this moving.

[marklovetina 52]

posters above are correct, tho PH law in favor of the mother especially if the children are minor and lets say the couple is not married there are still certain things that a fam court needs to consider especially if the kids are also being supported by the the other party.. sounds like its really not totally abandonment of responsibility bcoz the paternal side is supporting the kids and still acknowledging them... yes its only one side of the story we are hearing here.. to the OP sorry for your situation i know its difficult, but one thing your girl can do is to stop communicating with the other party and just quietly process the kids petition, in the US embassy interview they don't ask for paternal letter so your girl can easily get them a US visa... as i said the problem in her case can come up only if the other party file a case in court and really pursue whatever their right.... good luck!

Edited March 4, 2013 by marklovetina

[Hank_ 9,174]

How does that saying go? Oh ya.... loose lips sink ships!

The boyfriend and his family appear to know too much and are trying to make waves to try and swamp the ship.