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Legal advice custody of children


Captain Camiguin

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Captain Camiguin

Can you anyone tell me what I can do, me a expat marry Filipino woman, have babys, Filipino woman many the year later become the not good wife stealing savings money tell many the lies, so husband must depart the home, baby's under 6 yrs age, can husband have custody of baby's or not ? This very sad position for me to ask advice, someone's say baby must be the 7 yrs old then they ok come living  with the dad, is this the truth ? Please help advice thank you,

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RogerDuMond
2 hours ago, Captain Camiguin said:

Can you anyone tell me what I can do, me a expat marry Filipino woman, have babys, Filipino woman many the year later become the not good wife stealing savings money tell many the lies, so husband must depart the home, baby's under 6 yrs age, can husband have custody of baby's or not ? This very sad position for me to ask advice, someone's say baby must be the 7 yrs old then they ok come living  with the dad, is this the truth ? Please help advice thank you,

Get a good family law attorney. Here is the relevant section of The Family Code of the Philippines.

TITLE IX

PARENTAL AUTHORITY

Chapter 1. General Provisions


Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being. (n)

 

Art. 210. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. (313a)

Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.

Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority. (311a)  chan robles virtual law library

Art. 212. In case of absence or death of either parent, the parent present shall continue exercising parental authority. The remarriage of the surviving parent shall not affect the parental authority over the children, unless the court appoints another person to be the guardian of the person or property of the children. (n)

Art. 213. In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit. (n)

http://www.chanrobles.com/executiveorderno209.htm#.XCybx81S93g

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colemanlee

The best advice given is get a lawyer...that said

Does the child have your last name and are you listed as the father on the birth certificate?

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Captain Camiguin

Many thank yours gentlemen's you advice I appreciate 

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21 hours ago, RogerDuMond said:

Get a good family law attorney.custody?

A GOOD family atty is not easy to get!
Yes a man can have custody of a 6 years old baby (but almost newer happen), but don't you already have custody? you and your wife have custody of the kid/kids.  But your wife cant  "steal" saved money, its normally her money to if you marred. I feel that you only give 20% of the sorry.  Are you plan to get a divorce or annulment?  I only know 1 atty in cases like this that's good, but she not easy to get.  

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RogerDuMond
10 minutes ago, HTM said:

I only know 1 atty in cases like this that's good, but she not easy to get.  

If I needed a good attorney for any type of case, my first call would be to HTM.

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Just now, RogerDuMond said:

If I needed a good attorney for any type of case, my first call would be to HTM.

To mush work for HTM in this type of cases. I already helping one of the forums members here, he have had his kid for  5 years na, he just turn 7 years old. Still the case in court but he had temporary custody of the kid. He was not marry to the mother, but the kid has his last name. 

So yes all is possible, BUT NO case is alike.

To b hones, if this man I helping had ben marred to the mother he wold not had the kid today.
Another thing is that you cant kidnap you own kid by Philippine law......
 

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For me its always "whats best for the kid" NOTING else is impotent to me.
If I read "Captain Camiguin" correctly his wife filed a VAW case in the Barangay agents him  ("tell many the lies, so husband must depart the home} But let me talk general about it
In the Barangay he cant bring a Atty, but he need to go there and talk. The barangays job is settlement, agreement NOTHING else.  If you not agree the woman can get a certificate to go to court.
In VAW cases the woman can get a temporary Barangay Protection Order (BPO), in court she can get a  permanent or extended Protection Order agents the man.

95% of cases like this is solved in the Barangay, not in the court! 

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On 1/2/2019 at 5:10 PM, Captain Camiguin said:

Can you anyone tell me what I can do, me a expat marry Filipino woman, have babys, Filipino woman many the year later become the not good wife stealing savings money tell many the lies, so husband must depart the home, baby's under 6 yrs age, can husband have custody of baby's or not ? This very sad position for me to ask advice, someone's say baby must be the 7 yrs old then they ok come living  with the dad, is this the truth ? Please help advice thank you,

No need for a Atty yet, but nothing wrong to talk to one. But better to use the time on get an sentiment agreement whit your wife. Ask you self.
1. Wat do my wife really want?
2. Are she a bad mother and maybe dangerous to my kids?
3. Do I need the custody or only a good visitation agreement>
4. What have I done wrong (and try to b honest to your self) 
5. Do I want to use 400-800k to fight this in court?

AND newer ever forget that you in the Philippines whit TOTALLY different system, law and court. 

If you like more info send me a PM, this things is not for open forum

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to_dave007

The 8 year old daughter of my German friend lives with HIM, but only because mother ran off with drug addict/dealer boyfriend about 4 years ago. and left her daughter behind.  Mother and father NOT married.  Father NOT on birth certificate.   Father himself started DSWD case on his daughter to ensure that local authorities were fully aware of the facts.  Various teachers and policemen will witness in favor of the father, attesting to his parenting for last 4 years.

Mother now married to Australian (after police killed the drug dealer) and living in Australia and seeking custody of the daughter in the courts.

I think HTM advice above is all good.

 

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14 hours ago, RogerDuMond said:

If I needed a good attorney for any type of case, my first call would be to HTM.

Sorry, I answer your wrong.

If YOU call I help you all the way!

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11 hours ago, to_dave007 said:

Father NOT on birth certificate.   Father himself started DSWD case on his daughter to ensure that local authorities were fully aware of the facts.  Various teachers and policemen will witness in favor of the father, attesting to his parenting for last 4 years.

He can also  take a DNA test, but it need to be approve by the court.  To use the DSWD as he has done is also smart, you need to include them.
But I also think he can have a difficult case sins he not on the kids birth certificate.

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SkyMan
1 hour ago, HTM said:

He can also  take a DNA test, but it need to be approve by the court.  To use the DSWD as he has done is also smart, you need to include them.
But I also think he can have a difficult case sins he not on the kids birth certificate.

Any chance the BC can be amended (or late filed or whatever) with DNA proof? 

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