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mexiwi

Family law - child custody

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mexiwi

Hi

After some advice for my sister-in-law.

Essentially, she is OFW, works in Singapore but home between contracts now.

2 kids (1 special needs) who live with her partner (not married) currently, who uses them to extract every possible cent from her, which he then pisses up against the wall.

Plan is the kids will now live with her sister (they are all there now) and she wants to legalize this.

I am guessing an attorney will be involved, they are in Davao, Samal Island - so any recommendations or advice would be appreciated.

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shadow
1 hour ago, mexiwi said:

Hi

After some advice for my sister-in-law.

Essentially, she is OFW, works in Singapore but home between contracts now.

2 kids (1 special needs) who live with her partner (not married) currently, who uses them to extract every possible cent from her, which he then pisses up against the wall.

Plan is the kids will now live with her sister (they are all there now) and she wants to legalize this.

I am guessing an attorney will be involved, they are in Davao, Samal Island - so any recommendations or advice would be appreciated.

Sign guardianship over to the sister. Is his name on their birth certificate? If not, nothing he can do legally. If so, it may get a bit stickier, but still should not be too problematic. A member living in Davao may have a recommendation for an attorney.

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oztony

To my knowledge the mother has sole legal right on the custody of children until the age of 7 years old , only after that can the father contest ...

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mexiwi

Thanks shadow and oztony

I believe the father is on both their birth certificates.

As for the kids, one is 6, one 8. The 8yo is the special needs kid.

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smokey

Really the mom is going to take the children away from the dad based on he spends to much money i think the court will say yes YOU can take the children as your the mom and they are small but really the mom can take the children and give them to a suster over the dad? Dont think so unless she can prove he is a bad dad . now if she were to stay home and take care of the children herself naybe but they are not property to give away better hope he dont fight it under 7 mom wins but not if mom is not going to be caregiver herself

Edited by smokey
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smokey

Oztony is correct but only if she is going to care for them herself its between do the kids go mom or dad under 7 mom wins but not moms sister or dad

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Headshot

You guys know that this isn't how this kind of dispute is normally resolved here. The kids' mom is the one with the money, so she would normally have somebody convince the dad to disappear before a couple of guys on a motorcycle have to disappear him. Then, the transfer of guardianship is uncontested.

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smokey

Well gee she had 2 children with the guy went ofw.  As low cost as your method is i would say both should worry nothing says love like i had your dad killed because he cant budget and if it goes sideways the mastermind gets their day in court most here dont get mad the get even so after he is gone its happy ever after or does his family buy the book hatfields vs. Mcoys. What happened to lets try to work this out for the sake of the children . Well after the deed all that needs to be done is go to church and confess say 3 hail marys and slate is clean

Edited by smokey
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M.C.A.

Sadly the mother will find out the sister or guardian will use the money for her own needs been there done that, I was in the same situation for nearly a decade, and we rotated the kids to every brother or sister or a guardian and each time we came home our adopted kids were under the table with bug bites old clothes while the family with no shame at all is sitting there with brand new clothes, nobody is honest and could care less about these kids.

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shadow
23 minutes ago, M.C.A. said:

Sadly the mother will find out the sister or guardian will use the money for her own needs been there done that, I was in the same situation for nearly a decade, and we rotated the kids to every brother or sister or a guardian and each time we came home our adopted kids were under the table with bug bites old clothes while the family with no shame at all is sitting there with brand new clothes, nobody is honest and could care less about these kids.

Unfortunately, I will have to agree with you. No matter which family member is entrusted with the children, it will likely come down to the money being priority rather than the care of the child. We have been involved several times with girls leaving their kids behind and going to the US, then fighting the family tooth and nail to get the money spent on what the child needs, and the family will then refuse to assist the child to immigrate as they would lose their meal ticket. We have a girl who has been trying for 5 years to get her daughter with her after leaving her with family.

Not all families are like that, but so many are like that here it makes the head spin.

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mexiwi

The current situation is the father spends the money sent and the kids are in rags and hungry.

The sister is the eldest and the only one in our family who doesn't ask for money, unless her kids are in hospital.

The special needs boy loves her Tita and cousins and is very happy there, there is also a special needs school close by.

They went to an attorny today so waiting to see what happened

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M.C.A.
50 minutes ago, mexiwi said:

The current situation is the father spends the money sent and the kids are in rags and hungry.

The sister is the eldest and the only one in our family who doesn't ask for money, unless her kids are in hospital.

The special needs boy loves her Tita and cousins and is very happy there, there is also a special needs school close by.

They went to an attorny today so waiting to see what happened

Mexiwi ...  So is the father demanding money?  And why is her sister who now has custody of the kids wanting to lawyer up when she already has the kids, is this a requirement with the DSWD, she is a family member and the DSWD if they get involved will investigate and see that the father is a low-life and the kids are at serious risk, the sister in-law, DSWD will allow the kids to stay with another family member. 

I'm not a lawyer and have no skills but I've noticed that many things here can be solved without a lawyer and there's already an agency that covers kids and family it's the DSWD.  Maybe some sort of official certified letter from the OFW mother in Singapore could help?  

I wish nothing but the best for these poor kids who are the real victims.

 

Edited by M.C.A.

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mexiwi

The OFW sis is in Davao now so she is present.

She has taken the kids from the father and taken them to her older sister's house.

They have been to Police, DSWD and an attorney today so we are just waiting to see what they said today

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smokey

as a father who had one of his children taken by the mom and giving to her mother and allowing me to pay 600 a month for 18 years only to tell me after that she is not your daughter anyway I say the mom really cares she will stay home and raise her own kids as paying someone else is not working well for her but to take them like they are property well if I was the dad it would not go that easy ...

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