LEGAL matters for SINGLE parents

[chiqbonez]

what if iparehistro ko ulit *** panganay ko, *** late registration po sa city hall... alam ko po illegal, kaso yun lang *** naisip kong way *****.. surname lang naman **** kc habol ko, kawawa *** bata

[jpatricks1]

IceBurn referred me to this thread..thanks bro

Your thoughts on this sirs:

My gf's brother got married early. They had a son and broke up in good terms after a few years.

He then met another girl. Like him, she had a kid from a previous relationship though she wasn't married. They decided to live together and had two daughters. While 8 months pregnant on their 2nd daughter, he discovered she was cheating on him. When the 2nd daughter was 3 months old, she broke up with my gf's brother to be with the other guy. She left the 2 girls and even had the guts to ask for 10-thousand pesos "to start a new life".

After a year, she asked to see the 2 girls again. She was never deprived the right to see her kids even though she abandoned them. Finally one day while visiting, she took the 2 girls and ran off with them.

Now she's depriving the father the right to see his 2 little girls. She even said on a text message that "gagamitin ko ang mga bata laban sayo".

What's the best course of action for the father to see his daughters again? Thank you very much

[gerlei]

thanks for this thread....i know that it will help me clear my mind on something.

I have 2 kids, never married, the father of my kids and I separated when the youngest was 9 months old. I never put the father's name on their birth certificate. Never even allowed him to put his name on it...as in blanko. I never had a communication with their father for the longest time.

My question is this, if ever na maikasal kami ng BF ko now, does he still need to adopt them or, though i know mali, just make an affidavit saying that he is really their father and that we just kiss and made up. Could that be possible? If not, are there any more option? My eldest is 12 by the way and the youngest is 9.

Pls help!

Thanks!

[rudy_arete]

what if iparehistro ko ulit *** panganay ko, *** late registration po sa city hall... alam ko po illegal, kaso yun lang *** naisip kong way *****.. surname lang naman **** kc habol ko, kawawa *** bata

yup, as i've explained nga po sa earlier posts ko, it is illegal to do that. Some were able to change the name by filing again the birth certificate of the child but in most cases, hindi rin po nakakalusot sa NSO. Plus, kung mapalitan mo man and maghabol yung biological father, you might be charged with falsification of public documents.

[rudy_arete]

IceBurn referred me to this thread..thanks bro

Your thoughts on this sirs:

My gf's brother got married early. They had a son and broke up in good terms after a few years.

He then met another girl. Like him, she had a kid from a previous relationship though she wasn't married. They decided to live together and had two daughters. While 8 months pregnant on their 2nd daughter, he discovered she was cheating on him. When the 2nd daughter was 3 months old, she broke up with my gf's brother to be with the other guy. She left the 2 girls and even had the guts to ask for 10-thousand pesos "to start a new life".

After a year, she asked to see the 2 girls again. She was never deprived the right to see her kids even though she abandoned them. Finally one day while visiting, she took the 2 girls and ran off with them.

Now she's depriving the father the right to see his 2 little girls. She even said on a text message that "gagamitin ko ang mga bata laban sayo".

What's the best course of action for the father to see his daughters again? Thank you very much

Just when I thought that I had the worst experience, I’ll come across this case.

First, I really empathize with your gf’s brother. His situation right now is the very reason why I was determined to settle the custody and parental rights issue of my daughter as early as possible. The process was very stressful and expensive but was well worth it. I had the feeling that had I not opted to take custody of my daughter through adoption, her mother might have done the same thing. And I can’t imagine the pain that it might have caused me to be separated from my daughter.

As I’ve explained from my earlier posts, the law is biased towards the mother when it comes to custody of children born out of wedlock. The law grants sole parental authority to the mother if a child is illegitimate, unless the court finds a compelling reason to deprive the mother of such authority. But I assume that your gf’s brother acknowledged his two daughters and the children are using his surname. In such case, he is obliged to support the children financially. But the good news is that along with such obligation to support his children, he has the right to see his children and the mother cannot deprive him of such right.

The trouble now comes in terms of who will determine what. Like who will decide if how much support should your gf’s brother send for his daughters. The mother might have unreasonable financial demands for the children that are beyond the means of your gf’s brother. Who will decide on how often, when, on what occasion your gf’s brother can see his children. Can she suddenly deprive him of his visitation rights if she’s not in the mood?

Given such complications, I would advise your gf’s brother to go through the legal process if he wants to insist his right to see his daughters. He will file a Petition for Custodial Rights. Under such petition, the court will determine the amount of support your gf’s brother should send to his children depending on his financial capability. The court will also compel both parties on the schedule and the occasions that your gf’s brother can take the children with him.

Here is a good case that your gf’s brother can read:
G.R. No. 114742 July 17, 1997, SILVA vs. COURT OF APPEALS, ET AL.

or read from:
http://lawphil.net/judjuris/juri1997...4742_1997.html

The case is about an unmarried couple where the father was initially denied of his rights to see his children. He filed for a petition for custodial rights and the Regional Trial Court (RTC) initially granted him visitation rights. But since the children’s welfare is the paramount consideration, the Court of Appeals (CA) ruled that the rotation of custody of said children, where they stay with their mother on weekdays and then with their father on weekends may not be conducive to a normal up-bringing of children of tender age. The father was in turn denied of his visitation right. But then again, the Supreme Court (SC) overruled the CA and reinstated the original decision of the RTC. The SC explained that “... no man, bereft of all moral persuasions and goodness, would ever take the trouble and expense in instituting a legal action for the purpose of seeing his illegitimate children. It can just be imagined the deep sorrows of a father who is deprived of his children of tender ages.”

I hope your gf’s brother has the courage, capacity, and wisdom to do the right things for his daughters. I mean, it’s easy for us adults to make decision for ourselves out of emotions and circumstances. But with the children’s lives at stake, one must think things over a thousand times before starting anything. Your gf’s brother may opt to just waive his rights and do a little self-sacrifice and self-denial or he can fight for his rights because he knows it will serve the best interest of his daughters and the legal process will bring more benefit to the children.

Good luck and God bless your gf’s brother. I hope this helps.

[hollowpoint]

The case of Siva vs CA will not apply in the instant case. Although the law allows the child under 7 to be at the custody of the mother, the same may be disregarded if it can be shown that the mother is unfit. Considering the facts presented, the mother is a cheating wife who even "sold" her children for the measly amount of 10K to the father. this will put her mental state in question. Also, the father may question the capacity of the mother to support the child.

In the Silva case, the errant is the father yet he was given visitation rights to the children. In this case, it is the father who reared the children til they were forcibly taken away from him. If he fights the battle in court he has the high chance of getting the custody of his children.

[chiqbonez]

thanks po, clear na po saken..

regarding naman po sa cnasabi niong maghahabol *** biological father, may habol pa po ba **** sya? since pinanganak ko po *** baby namin, *** syang financial support na binigay, kahit hospital bill ko wala silang sinagot.. 5 mos old *** baby, nawala syang parang bula.. and I tried to reach him thru friendster para ipaalala *** sustento niya sa bata.. sinugod ko sya sa mga naging workplace niya and all they gave me was 500 pesos..

[rudy_arete]

The case of Siva vs CA will not apply in the instant case. Although the law allows the child under 7 to be at the custody of the mother, the same may be disregarded if it can be shown that the mother is unfit. Considering the facts presented, the mother is a cheating wife who even "sold" her children for the measly amount of 10K to the father. this will put her mental state in question. Also, the father may question the capacity of the mother to support the child.

In the Silva case, the errant is the father yet he was given visitation rights to the children. In this case, it is the father who reared the children til they were forcibly taken away from him. If he fights the battle in court he has the high chance of getting the custody of his children.

Thanks Atty. HOLLOWPOINT. It's good news that we have another lawyer in this thread.

Yes you are correct. As I've mentioned in my reply to JPATRICKS1: "...unless the court finds a compelling reason to deprive the mother of such authority."

And in the past, the following grounds have been considered ample justification to deprive a mother of custody and parental authority: neglect or abandonment, unemployment, immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity, and affliction with a communicable disease (G.R. No. 156343, October 18, 2004, JOEY D. BRIONES vs. MARICEL P. MIGUEL, ET AL)

The problem however, "considering the facts presented..", is that JPATRICKS1 mentioned that his gf's brother was not married to his daughter's biological mother:

My gf's brother got married early. They had a son and broke up in good terms after a few years.

He then met another girl. Like him, she had a kid from a previous relationship though she wasn't married. They decided to live together and had two daughters. …

While that woman cheated on the children's father as his "live-in" partner, she was free to do so under the law. But then again, yes, we could question her state of mind or immorality. I thought of the same argument when I was discussing my case with my lawyer but we had a problem on how to prove such allegations. In this case, the father will have to prove that the mother abandoned her children in exchange of 10K. And her mental state should be validated by a qualified expert. A mere allegation in court that she is insane might not hold. Other lawyers even argued that even a prostitute can be a good mother if she can prove that her "activities" does not put her child in an unsafe environment.

Clearly, the Silva Vs. CA. was not cited as an example of the same case but to merely emphasize that Yes, even if the law grants custody to the mother, there is a Strong if not Sure chance that the biological father will be granted at least his visitation rights in this case.

[rudy_arete]

thanks for this thread....i know that it will help me clear my mind on something.

I have 2 kids, never married, the father of my kids and I separated when the youngest was 9 months old. I never put the father's name on their birth certificate. Never even allowed him to put his name on it...as in blanko. I never had a communication with their father for the longest time.

My question is this, if ever na maikasal kami ng BF ko now, does he still need to adopt them or, though i know mali, just make an affidavit saying that he is really their father and that we just kiss and made up. Could that be possible? If not, are there any more option? My eldest is 12 by the way and the youngest is 9.

Pls help!

Thanks!

Yes GIRLIE, you and your husband to be should adopt your children after your marriage to make them your legitimate children and for them to use your husband’s surname.

YES, you can make it appear that he is the biological father. After your marriage, you just have to submit your husband’s Affidavit of Acknowledgement and your marriage certificate.

But YES it is Illegal to make it appear that your husband is the biological father when in fact he is not. That would be falsification of public document. The civil registrar may not have the means to validate such affidavit of acknowledgement unless somebody will testify or the biological father will claim that such affidavit was falsified.

If he files a case and presents witnesses who will prove that he is indeed the father of your children, you will be in big trouble. Imagine the implications of that happening when your children are all grown up and can already understand what is happening.

I can understand you having 2nd thoughts on doing the adoption process. Given the cost, time and effort that you have to sacrifice, doing some “irregular” process can be an option. But then, I believe that such “irregular” things have its way of going back to you. So as much as possible, still try to do things the right way. In the end, it’ll prove to be much less expensive plus you’ll be confident that your children’s status can’t be questioned.

[rudy_arete]

thanks po, clear na po saken..

regarding naman po sa cnasabi niong maghahabol *** biological father, may habol pa po ba **** sya? since pinanganak ko po *** baby namin, *** syang financial support na binigay, kahit hospital bill ko wala silang sinagot.. 5 mos old *** baby, nawala syang parang bula.. and I tried to reach him thru friendster para ipaalala *** sustento niya sa bata.. sinugod ko sya sa mga naging workplace niya and all they gave me was 500 pesos..

may habol po in the sense na magsusumbong sya na nagdouble registration ka and may hawak sya na birth certificate na nakalagay na sya ang father. But to be granted custody or visitation rights, mukhang malabo na nga since he abandoned your child, he never gave support and he can no longer be located.

[chiqbonez]

thankz again po.. ang sarap basahin na kahit visitation rights sa son namin hndi sya magkakaron..

medyo mabigat po para saken *** iaadopt pa namin ng husband ko *** son ko kc *** po tlgang budget.. mag 3 yrs old na po kc sya and **** ko na maayos before he starts to go to school.. if ever po ba, what if ibalik na lang po sa surname ko *** bata? *** po bang affidavit na ganun? kc mas ok po na maternal surname *** gamit nia kesa sa surname ng biological father nia na *** naman naging hirap para sa kanya.. nung nagsign po kc ako ng affidavit na paternal *** magiging surname ng baby ko, hndi ko **** naintindihan *** pinirmahan ko kc groggy pa ko nun after giving birth, and i was just 16 po nun..

[amishu600]

hi.. sweetwahm referred me to this thread.. thanks.


single mom ako..
may question sana ako.. gusto ko malaman kung halimbawa dumating yung time gusto ng lalaki or ng relatives niya makita baby namin at humiling siya na kung pwede maging father siya sa baby namin.. katulad nung may time sila..

paano kung ayoko? pwede ba yun? alam ko may rights siya pero ayoko talaga... isipin pa lang, kapal ng mukha niya noh...

[rudy_arete]

welcome to this thread amishu600,

I can understand why you wouldn't want your ex to see your child, expecially kung talagang nagpakagago sya nung malaman na magiging dad na sya... but then again dear, try to think it over again, without prejudice to how you feel about him... sabi nga sa walang kamatayang linya eh.. ".. sya pa rin naman ang ama ng anak mo.." i mean, hindi natin alam, your child might want to see him naman, regardless kung gano sya kagago..

But then, if you really don't want to, you are in a better position because the law is in your favor. Custody of illegitimate children is given to the mother. Kung ayaw mo ipakita, hindi nya makikita or mahihiram ang bata unless mag try sya to go through the legal process wherein he will file a petition asking for his visitation rights. If your child is not using his surname, mas mahihirapan pa sya dahil kelangan pa nya patunayan sa court na sya ng father ng bata. Kung sakali naman na established na sya ng father ng bata, you have the chance naman na kontrahin petition nya. You will tell the court kung bakit ayaw mo. Papatunayan mo na iresponsable syang ama or kung ano pa mang dahilan na magsasabi na makasasama sa bata na mapalapit sa ama nya.

[rudy_arete]

....................

[amishu600]

thanks rudy arete..

[gerlei]

Yes GIRLIE, you and your husband to be should adopt your children after your marriage to make them your legitimate children and for them to use your husband’s surname.

YES, you can make it appear that he is the biological father. After your marriage, you just have to submit your husband’s Affidavit of Acknowledgement and your marriage certificate.

But YES it is Illegal to make it appear that your husband is the biological father when in fact he is not. That would be falsification of public document. The civil registrar may not have the means to validate such affidavit of acknowledgement unless somebody will testify or the biological father will claim that such affidavit was falsified.

If he files a case and presents witnesses who will prove that he is indeed the father of your children, you will be in big trouble. Imagine the implications of that happening when your children are all grown up and can already understand what is happening.

I can understand you having 2nd thoughts on doing the adoption process. Given the cost, time and effort that you have to sacrifice, doing some “irregular” process can be an option. But then, I believe that such “irregular” things have its way of going back to you. So as much as possible, still try to do things the right way. In the end, it’ll prove to be much less expensive plus you’ll be confident that your children’s status can’t be questioned.

thanks a lot!

[rudy_arete]

thanks rudy arete..

thanks a lot!

You are both welcome.. sana po ay nakatulong ako..

[rudy_arete]

Sorry po, ngayon ko lang napansin, may follow up question pa pala..

... if ever po ba, what if ibalik na lang po sa surname ko *** bata? *** po bang affidavit na ganun? kc mas ok po na maternal surname *** gamit nia kesa sa surname ng biological father nia na *** naman naging hirap para sa kanya.. nung nagsign po kc ako ng affidavit na paternal *** magiging surname ng baby ko, hndi ko **** naintindihan *** pinirmahan ko kc groggy pa ko nun after giving birth, and i was just 16 po nun..

Wala pong ganung affidavit. And hindi rin po dahilan sa korte na ikaw ay nahihilo pa or underage nuong pirmahan mo ang birth certificate ng anak mo. For as long as ikaw talaga ang pumirma duon. Actually, ayon po sa ating mga consultants, your only option is adoption. Dahil kung sakali man magkabalikan kayo nung biological father (kahit sabi mo nga imposible) hindi rin po pwede sayo ang legitimation dahit underage ka nung pinagbuntis at pinanganak mo baby mo.

[teteng]

Hi Rudy! Can you please give details how much it would cost to file an annullment.

[rudy_arete]

Hi teteng,

Sorry but I am not familiar with and haven't undergone annullment. I'm a single parent but I was never married. Maybe we should ask atty. palanggacious instead.