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2nd April 2011 #1
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Question about Paternal rights in the Phil's
A Pinay friend of a friend has a bit of a concern, and has asked me if I can try to give her some advice.
She has a 6 yr old child, she hasn't seen the father since before the birth and he has never made any effort to contact them until now and has never offered any child support. The father is not named on the childs birth certificate.
A few days ago, out of the blue, the father contacted the mother and demanded to see the child. The mother naturally told him t go away, but she is now worried what rights the father might have and if he could apply for custody of the child, or if he just took the child where would she stand in law?
Any advice you can offer will be greatly appreciated as she is naturally very worried.
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2nd April 2011 #2
As there is no evidence he would have to go to court anyone can "claim" what they like after all I do know that we have a similar situation except no contact as he is not on the birth certificate he doesnt legaly exist untill a competent authority says otherwise
Which means my missus can leave the country without any requirements vis her daughter as she has the sole respocnabilty legalyAbsit invidia
DISCLAIMER: The information hereinabove may or may not be entirely accurate, relevant, forthright, verifiable, or coherent. KeithAngel, who shall herein be refered to as the 'Shining Beacon of Light', reserves the right to neither confirm, deny, justify, explain, or otherwise acknowledge any inquiry in regards to the validity, genuinity, construction, intent, and/or motive of any statements, gestures, and/or actions whether real, imagined, or transdimensional in origin. Further, the 'Shining Beacon of Light' shall be absolved of any and all legal, moral, and financial responsibilities for damages to life, limb, character, reputation, property, and/or business resulting from the usage, assimilation, incorporation, replication, and/or distribution of said statements whether partial, complete, misquoted, or imagined. This disclaimer remains in effect despite any discrepancies or claims as to its legibility, comprehension, interpretation, subliminal suggestiveness, political affiliation, legality, visibility, and/or physical presence
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2nd April 2011 #3
child is under 7yrs old mother automatically gets custody
i would have thought hes got no rights at all
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2nd April 2011 #4
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Thanks Keith, that's what I thought too.
Her biggest concern is that the father may just decide to take the child one day and vanish. I don't imagine the Phil Police or authorities are as good or as well equipped to track down people as they are in the UK. It must be fairly easy to vanish into a backwater province?
I've told her to tell the father to go away until he has caught up with at least 6 years back child support, Birthday and Christmas presents, and then she might consider giving him supervised access for an hour to see how it goes.
The legal system in the UK does protect children and parents rights, but I imagine it's very different and not very often enforced over there?
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2nd April 2011 #5
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2nd April 2011 #6
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2nd April 2011 #7
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That's what I've told her, with her family's support she has looked after the child well from birth, it's unlikely a Judge would grant the father custody now. She doesn't want the father to have any access to the child as he abandoned them prior to its birth and hasnt contributed a peso for nearly 7 years, changed any of it's nappies, comforted the child when it had a fever and done any of the other things that a parent would do for their child.
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3rd April 2011 #8
you dont say "why" the sudden interest nor what the fathers situation is well off lives same place etc a member here posted the other day about her ex back paying 6-7 years child support i think from a court order even at a 1000 a month thats 84000 a large sum for most here
enforcement here is all about "influence" who you know or how much you can payAbsit invidia
DISCLAIMER: The information hereinabove may or may not be entirely accurate, relevant, forthright, verifiable, or coherent. KeithAngel, who shall herein be refered to as the 'Shining Beacon of Light', reserves the right to neither confirm, deny, justify, explain, or otherwise acknowledge any inquiry in regards to the validity, genuinity, construction, intent, and/or motive of any statements, gestures, and/or actions whether real, imagined, or transdimensional in origin. Further, the 'Shining Beacon of Light' shall be absolved of any and all legal, moral, and financial responsibilities for damages to life, limb, character, reputation, property, and/or business resulting from the usage, assimilation, incorporation, replication, and/or distribution of said statements whether partial, complete, misquoted, or imagined. This disclaimer remains in effect despite any discrepancies or claims as to its legibility, comprehension, interpretation, subliminal suggestiveness, political affiliation, legality, visibility, and/or physical presence
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3rd April 2011 #9
Tell your friend and her immediate family to speak with the Barangay captain and explain their fears about an imminent abduction..Let us know what he has to say and what solution he proposes..
Thanks..
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3rd April 2011 #10
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I don't know any of that info Keith.
I was chuckling to myself at the levels of child support you've posted, and some of the rediculous demands the CSA have sent out in the past. I realise it's all relative, but I bet some of those guys the CSA are demanding thousands of POUNDS a month from wish the demand was in PESOS
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3rd April 2011 #11
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3rd April 2011 #12
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Englishman, I'm just trying to help.
No mater what anyone says about what is right or wrong.
I would suggest someone needs to look at the Philippines Family Law.
Whatever the case, It does seem that the 'father' (needs to be proven) does have a legal and moral right to contact and visitation rights. The way forward needs careful consideration (as always in Phils)
Just my two centavos worth
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3rd April 2011 #13
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I agree Terpe, and that would definitely be the case in the UK. However, in the UK the Father would also be forced to pay his dues or face proceedings if he didn't. I've suggested that my friend speaks to a Filipino lawyer for clarification of the legal position over there.
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3rd April 2011 #14
http://jlp-law.com/blog/legal-support-child-ra-9262/
''If you’re a parent, it is safe to assume that you would want the best for your child and you wouldn’t hesitate to provide adequate support. However, it’s unfortunate that when it comes to support for the common children (whether legitimate or illegitimate), so many fathers still fail (or worse, simply refuse) to provide adequate support. Whatever the reason is, and regardless of whether or not these reasons are correct, the problem became pervasive, so much so that Congress saw it fit to “criminalize” (only against fathers) the withholding of support in certain instances. Not everyone knows that this is covered under Republic Act No. 9262, otherwise known as the “Anti-Violence Against Women and their Children Act of 2004“.
Not everyone also knows that R.A. 9262 provides for criminal sactions or penalties for failure to provide support or withholding custody, in certain cases. Well, now you know.''
...let your friend see a lawyer and discuss about this Republic act 9262 Anti Violence Against Women and their Children Act of 2004,...this will help and she can give a copy to the father of the child if he ask for visitation rights or whatever custody he pleads which sounds ridiculuos to me.''Don't be serious..Be Sincere''
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3rd April 2011 #15
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Thanks Sars, that's really useful info
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4th April 2011 #16
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Until the 'father' produces PROOF...ie DNA test result, then he has no status I would have thought, since he is not named on the birth cert.
That doesn't mean he won't try to kidnap the child of course, but again, without PROOF he would then be no more than a child kidnapper.
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