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Issue on guardianship: Unmarried couple with baby, I'm Filipina, he's Belgian

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kaleila


Arresto Menor

Hi there,

I'm a Filipina and I have an 11 month old baby with a Belgian. We're currently living in Belgium and we have a legal cohabitation paper. We also have a paper indicating that my partner is the father of my kid and that my kid also has his surname. We're planning to move to the Philippines sometime this year. But he's worried that since we are not married, he will not have any rights to his kid if anything happens to me in the Philippines. Here are my questions. (Also, I have to add that right now we are in the process of drafting our last will and testament so most of the questions entail, "what if one or the other dies")

1) If we move to the Philippines and something happens to me (i.e. death), will he get full rights/guardianship/custody of our baby? Considering that we're not married and that we don't intend to get married.

2) Can we own properties together in the Philippines? And if anything happens to him (i.e. death) will our kid have rights to his properties/finances in the Philippines?

3) Is there anything we can do legally to assure that my partner gets our baby when I die and that me and our kid will have access to his finances in the Philippines when he dies?

Thank you so much.

PS: This site is really awesome for helping out people in need of legal help.

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