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The situation: A 17 year old Filipina girl "Liza" becomes pregnant. The father asks her to get an abortion; she refuses; he leaves. By the third month of pregnancy she enters a new relationship with "Larry", of the same young age. From then they live together as partners in the home of the father's parents, along with 8 others. The baby is registered with parents names Liza and Larry, and not the biological father. Through a number of circumstances (including a stressful arguing household, dominating parents, an unhelpful unemployed and often drunk partner, and possible post natal depression) Liza felt obliged to leave the home when her son was one year old. She was "not allowed" to take her baby although she wanted to. The parents of the "father" said they would keep the baby. They have denied her access to her own child.
Almost one year on, and wider support (of which I am one) and some counselling, Liza, now almost 20, wants full custody of her nearly two year-old child. With help she has written to the father requesting full access and custody and this has been refused.
She has then gone to the Department of Social Welfare and Development who seem to support her case. The DSWD requested the father to bring the child to the DSWD but this was refused (by the parents of the father). The DSWD referred Liza to their own own lawyer who wrote (not in the name of the DSWD, but in Liza's name) to the father "inviting" him to a meeting to discuss custody. This was refused with the threat to vigorously defend custody claims by the mother. That's where it lies.
My questions:
1. What is the role of the DSWD in progressing a custody battle. Is it their battle or strictly a civil matter between the feuding parties? Does the DSWD have a say?
2. What are the legal steps and processes that are needed to progress this case?
3. To what extent can appeals and stonewalling drag this out??
4. If somehow (but unlikely) an affidavit is obtained from the biological father accepting his parental position then would this undermine the total claim by the Larry family? Or do we need to go down the DNA track? Surely if it was proved that Larry is not the biological father then they would have no case and essentially they are kidnappers?
5. What costs might we be up for here?
Almost one year on, and wider support (of which I am one) and some counselling, Liza, now almost 20, wants full custody of her nearly two year-old child. With help she has written to the father requesting full access and custody and this has been refused.
She has then gone to the Department of Social Welfare and Development who seem to support her case. The DSWD requested the father to bring the child to the DSWD but this was refused (by the parents of the father). The DSWD referred Liza to their own own lawyer who wrote (not in the name of the DSWD, but in Liza's name) to the father "inviting" him to a meeting to discuss custody. This was refused with the threat to vigorously defend custody claims by the mother. That's where it lies.
My questions:
1. What is the role of the DSWD in progressing a custody battle. Is it their battle or strictly a civil matter between the feuding parties? Does the DSWD have a say?
2. What are the legal steps and processes that are needed to progress this case?
3. To what extent can appeals and stonewalling drag this out??
4. If somehow (but unlikely) an affidavit is obtained from the biological father accepting his parental position then would this undermine the total claim by the Larry family? Or do we need to go down the DNA track? Surely if it was proved that Larry is not the biological father then they would have no case and essentially they are kidnappers?
5. What costs might we be up for here?
