Legal agreement

[Genski92 93]

Hey guys, im actually not new here i have an account since 2018 and was very active then but decided to delete that email not long ago and I can't use that email here again. So uhm i have questions to everyone especially to filipino members here about the legal agreement. So this is new to me and to my husband and we don't really want the court to get involved. We talked to my daughter's father and he agreed about having a legal agreement for the child. I never married that guy but he has his name in my child birth certificate. So we want to make an agreement papers but we don't know if we have to notarize it or have to consult about it to the DSWD in the Philippines or we can make our own agreement and both parties sign it to be legal? I read that both parties signature is good enough as long as they agreed to it but i still want clarification especially to people or filipino that has experience.  Thank you all in advance.

[Ontarkie 14,282]

~~Moved to the PI forum, from Off Topic - as topic is country specific.~~

[Chancy 6,241]

14 hours ago, Genski92 said:

We talked to my daughter's father and he agreed about having a legal agreement for the child. I never married that guy but he has his name in my child birth certificate. So we want to make an agreement papers but we don't know if we have to notarize it or have to consult about it to the DSWD in the Philippines or we can make our own agreement and both parties sign it to be legal? I read that both parties signature is good enough as long as they agreed to it but i still want clarification especially to people or filipino that has experience.  Thank you all in advance.

 

Why do you need this legal agreement?  Under Philippine law, the mother has sole custody and parental authority over a child born out of wedlock, even if the father's name is listed on the birth certificate.

 

Is it an agreement for the father to give up his visitation rights?

 

[Genski92 93]

1 minute ago, Chancy said:

 

Why do you need this legal agreement?  Under Philippine law, the mother has sole custody and parental authority over a child born out of wedlock, even if the father's name is listed on the birth certificate.

 

Is it an agreement for the father to give up his visitation rights?

 

No it's not for giving up visitation rights. We want the child to know that she has a real father and we just want to have an agreement that just incase my daughter wants to change her last name one day into my husband name, Because if she is minor and she still has a biological father we think that we need a consent from the father.plus this agreement is also for the father to know that we are not disregard him for being the real father.. thanks

[Chancy 6,241]

33 minutes ago, Genski92 said:

No it's not for giving up visitation rights. We want the child to know that she has a real father and we just want to have an agreement that just incase my daughter wants to change her last name one day into my husband name, Because if she is minor and she still has a biological father we think that we need a consent from the father.plus this agreement is also for the father to know that we are not disregard him for being the real father.. thanks

 

I'm confused about what provision you want to enforce with this agreement --

 

* Because you have parental authority over your minor daughter, you do not need her biological father's consent to have her name changed.  You do need court approval for the name change, but the bio-father does not need to be involved.

 

* The father's name on the birth certificate is already the most legal acknowledgement of his biological connection with your child.  I don't know of any other document to make that connection any more legal than that.

 

Disclaimer: I am not a lawyer and this is not legal advice.  Perhaps you may want to consult with a family lawyer in the Philippines.

 

[Genski92 93]

8 hours ago, Chancy said:

 

 

* Because you have parental authority over your minor daughter, you do not need her biological father's consent to have her name changed.  You do need court approval for the name change, but the bio-father does not need to be involved.

 

 

We are not planning to change my daughter's name,not until she became a US citizen and if she wants it.and we thought that if she's a minor she needs her father's consent for it?

The agreement is just for both parties i guess so that. We don't really know what we are doing😅 all we know is that both sides wants to have a legal agreement for the child mainly both sides want and don't want. We're just thinking about the kid future. My husband just can't trust oral agreement. Thanks

[Boiler 45,692]

Sounds like you need competent legal advice to discuss what you want and what can be done and how.

[Chancy 6,241]

5 hours ago, Genski92 said:

We are not planning to change my daughter's name,not until she became a US citizen and if she wants it.and we thought that if she's a minor she needs her father's consent for it?

The agreement is just for both parties i guess so that. We don't really know what we are doing😅 all we know is that both sides wants to have a legal agreement for the child mainly both sides want and don't want. We're just thinking about the kid future. My husband just can't trust oral agreement. Thanks

 

I think you got it backwards -- you need the bio-father's consent for your daughter to use his surname, not the other way around.  The fact that his name is on your daughter's birth certificate means that he already gave his consent for that.

 

If your husband doesn't trust verbal agreements, maybe he'll trust the Family Code?  I suggest you consult with a family lawyer in the Philippines if you want more clarity on what the law provides regarding parental authority.

 

Here is what the Family Code of the Philippines says exactly --

https://www.chanrobles.com/executiveorderno209.htm

• Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code.

 

Because you have parental authority over your daughter, her bio-father's consent is not needed to have her name changed to your husband's surname, even if she's a minor.  What she needs is a court order and she can get one from a US judge.

 

I suggest consulting a family lawyer in your state as well, to find out if you need anything else to prove that the bio-father has no right to object to your daughter's name change in the future.  Preferably one who understands what I mentioned above about your parental authority under Philippine law.

 

[Genski92 93]

8 hours ago, Chancy said:

 

I think you got it backwards -- you need the bio-father's consent for your daughter to use his surname, not the other way around.  The fact that his name is on your daughter's birth certificate means that he already gave his consent for that.

 

If your husband doesn't trust verbal agreements, maybe he'll trust the Family Code?  I suggest you consult with a family lawyer in the Philippines if you want more clarity on what the law provides regarding parental authority.

 

Here is what the Family Code of the Philippines says exactly --

https://www.chanrobles.com/executiveorderno209.htm

• Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code.

 

Because you have parental authority over your daughter, her bio-father's consent is not needed to have her name changed to your husband's surname, even if she's a minor.  What she needs is a court order and she can get one from a US judge.

 

I suggest consulting a family lawyer in your state as well, to find out if you need anything else to prove that the bio-father has no right to object to your daughter's name change in the future.  Preferably one who understands what I mentioned above about your parental authority under Philippine law.

 

That's a very good explanation thank you so much!♥️

[Allovertheworld 355]

15 hours ago, Chancy said:

 

I think you got it backwards -- you need the bio-father's consent for your daughter to use his surname, not the other way around.  The fact that his name is on your daughter's birth certificate means that he already gave his consent for that.

 

If your husband doesn't trust verbal agreements, maybe he'll trust the Family Code?  I suggest you consult with a family lawyer in the Philippines if you want more clarity on what the law provides regarding parental authority.

 

Here is what the Family Code of the Philippines says exactly --

https://www.chanrobles.com/executiveorderno209.htm

• Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code.

 

Because you have parental authority over your daughter, her bio-father's consent is not needed to have her name changed to your husband's surname, even if she's a minor.  What she needs is a court order and she can get one from a US judge.

 

I suggest consulting a family lawyer in your state as well, to find out if you need anything else to prove that the bio-father has no right to object to your daughter's name change in the future.  Preferably one who understands what I mentioned above about your parental authority under Philippine law.

 

Perry Mason?