Live In Parter

Good day po atty. My case is this, I have a 5 years live in partner and we have a 2 year old son. He is married but not legally separated so do I. My problem is he just left us without even trying to settle all our problems especially financially. He told me that he really wants to end our relationship due to many problems that arises. He is not in good terms with my mother and he wants me to leave my mother and we will leave with him and my kids. By the way I also have a 2 kids from my first partner. Not legally separated for 4 years. As I continue my story, hindi po ako pumayag sa gusto nya kasi po nanay ko pa rin po un at di po ako masamang anak para paalisin or iwan na lang nanay ko. Then Sept. 2012, nagbago po sya ng pakikitungo sa kin hanggang sa mambabae sya at bigla na lang po kami iniwan last Dec. 2012. Sumama po sya dun sa new gf nya na 20 years old and he is 46 years old. La po ako nagawa nun at di po sya nagpaalaam sa min ng anak ko. Nun pung umuwi sya January 6, 2013, pinakita ko po anak namin. At since nun di na po sya bumalik ng bahay namin. My question is can i demand him to be with my son even for 3x a week? Ayoko po kasi lumaki walang tatay anak ko. I was so emotionally abused na rin po. And minsan gusto ko na magsettle na lang thru lawyer. I want to file a case for him for abandonment and emotional abused. Anu po ba ang dapat ko gawin? Until now po kasi sobra sobra pa rin po pananakit nya sa kin emotionally.

@chellemic21, you may File under RA 9262: Anti-Violence Against Women and Their Children Act; you may need a god Lawyer for this.

So your Kid is born out of wedlock? Generally, an illegitimate child is entitled to support but the law requires proof of filiation or relationship between the child and the supposed father. The Supreme Court, in a line of cases, considered the following as acceptable proof of filiation:

1. voluntary recognition by the father in the birth certificate, will, or a statement before a court of record
2. an admission of filiation in a public instrument or a private handwritten instrument(document) AND signed by the parent concerned
3. a notarized agreement to support a child in which the father admitted his relationship to the child
4. letters to the mother vowing to be a good father to the child AND pictures of the father cuddling the child on various occasions, TOGETHER with the certificate of live birth.

So far, it seems that in the Philippines, only the University of the Philippines National Science Research Institute (UP-NSRI) DNA Analysis Laboratory has the capability to conduct DNA typing using short tandem repeat (STR) analysis.

Just try to secure what is rightfully for your kid. since hindi kayo kasal you cannot force him to stay with you and your child like a legit father. but at least make sure he will provide for the kid.