FIGHT FOR CHILD CUSTODY

Thank you for advising the proper forum site. I really didn't have a crack on this site well yet.
So here it is I re-post my queries again.

Hi everyone. I am Rikk and I was just registered on this site. I found this site and I think this will help me enlighten myself with regards to my problems and queries.

Here's my story;

I will try to make my story as brief as possible because you might be bored if I go into details. Here it go, I have a wife who left me and my 8-year old daughter to states as tourist on March 8, 2002. My daughter is in studying in elementary, grade two. But of course, as what most of our countrymen do, she went there to work-- making a “short cut” on immigration processes. As expected, she found a job in Los Angeles after her 2 weeks familiarization tour. Luckily, her employer is kind enough and filed a petition for her to secure a working visa. Before she went to states, our relationship was already a little bit shaky but we are still in good communication with each other. But about 6 months in states or so, she told me that she don’t love me anymore that’s why she went to states. And what hurts most, she said she already have a new found boyfriend. Of course, I was shocked. Suddenly, it came into my mind that she planned all these ahead as conspired with her parents without my knowledge. We always fight brutally through E-mail since then. She was continuously sending money as support to our child though. She told me that she wants to petition our daughter as soon as she gets her green card. I don’t have any idea whatever her plan was. In 2005, we found out that she got married with an American as we saw her new surname on the package that she sent to my daughter. She said we’re already divorced there in America. I don’t know if it is really possible and how it happened. I am still working in an airline company then. I was recently re-trenched though last October, 2009. As of now, I don’t have a job.
With regards to my daughter, she has signs of abnormalities that were noticed since she was a child. At the age of seven, she suffered seizure and was diagnosed as an epileptic child. She took medication for almost one year. It happened again when she was eight but that was the last time she suffered seizure though. Some diagnosed her as AD/HD, dyslexic, etc. Some of her teachers said she should study in Special Education but some said she can study in normal school. When she graduated in elementary, that’s the time I believed she can make it in normal school. So, she went into normal school on her secondary education. She took a hard time to pass all the subjects and she graduated in high school. But when she’s in college, problems occurred. Things are different in college compared to elementary and high school. She’s having a hard time passing the subjects. Most of her subjects were failed. So, we talked and concurred that we dropped all her subjects for the reason that she will undergo medication. But, the truth is just to avoid failing grades. As of now, she is undergoing Psychiatric evaluation and rehabilitation in PGH. I noticed that most of the time, she is sad and kind of depressed. She said, she missed her studies and classmates.
Now, my wife is planning to come home in the Philippines and we’re still not in good terms. I was afraid that she might have plans to take away my daughter with me. With regards to financial status, she is more capable than I am now because as I said, presently I don’t have a job. She can take advantage of me to take the custody of my daughter because of her money. I know she will do all she can to get the custody of our daughter. I am so afraid when it happened because I love my daughter very much and I don’t want us to be separated.
My queries are the following:
1. Is it possible that she can take the custody of our child even she got married in the US while our marriage was still in effect? Can I sue her for bigamy for marrying in the US?
2. I single-handedly nurture my daughter my daughter that affects my work. And that is the biggest reason why I was retrenched in my previous job. Meanwhile, my wife has all the freedom to work, get rich, and now, married with some US citizen. For that matter, is there a probability that I can retain the custody of our daughter even I do not have a job at present?
3. I know that in Philippines’ culture, it is against man’s pride to get financial support from his wife because it is not normal to us. If ever I retain the custody of our daughter, do I have the right to ask for financial support for our child? I don’t want to take advantage of her money. All I want is to give the best future that I can give to my daughter. Even if in case I found a job, I don’t think it would be a high paying one because of my age and not so good achievements.



Yours truly,

Spriky

if she hasn't already, i believe your child will soon be 18. custody is no longer an issue, because it will be her choice with whom she wants to stay with. i know a bit about SPED, and if she was able to pass high school and enter college, it certainly seems that she has no impediment serious enough to question her legal capacity.

as for support, your daughter is entitled to support until she learns a trade which is traditionally to finish college. she can ask for support from both of you in her own right. it does not have to be that it is you who is asking for it.

hello,
I am new to this site and I really hope anyone can give me some ideas what to do.I am doing this in behalf of my brother.Two years ago his wife went abroad to work as DH. My brother lost his job and struggling to get back to work.They have 3 year-old daughter and her family look after the baby while my brother is trying to find a job. My brother stayed at my parents and visit the daughter regularly.
She promised to go back home this December 2010 when her contracts finished. But since she left they don't have much communication between my brother. Until last week when my brother visited his daughter he found out that his wife been home for 2 weeks without telling him she's already in the Philippine. She told her family they don't have communication for two years so she doesn't want to see my brother.
My brother been told his wife is already back in Kwuait last week and no plan to see him again. My brother decided to take the daughter with him and currently stayed at my parents house. My brother wants full custody of the baby.
: My brother wants to contact her and talk about the situation and daughter but she changed her number and did not give her address.
Is there anyway we can get hold of her? is there any offices that can tracked where she is in Kwuait? Can my brother demands a small support from her for the baby as he is not working at the moment? She changed her name this time , she uses her single name , is she allowed to do this?
Can she stop my brother keeping the daughter? Please give me some advice as I Really feel sorry for my brother. Thanks

as the father of a legitimate child, he has every right to retain custody of the child, especially if the mother is not here. if there is a custody fight, however, the mother has an advantage if the child is below 7 years old, IF she stays here and retains custody personally.

I recommend that the demand for support just be sent to wife's home here.

she is within her rights to use her maiden name.

hello Atty...

my partner and I are not married.. Wla pong kasiguraduhan kung magpapakasal po kami ng father ng bata kasi nagun po nagkakalabuan po kami.manga2nak po ako dis coming November with our child.. Gusto ko lang po malaman kung pwede isunod sa ama ng bata ung surnmae niya e di po kami kasal ng father ng bata! may mas karapatan po ba nag ama ng bata sa CUSTODY kung maisusunod sa kanya ung surname na bata?

Thanks po in Advance

fries

Sir

Di po ako kasal sa ama ng anak ko, my child is now 3 years old! isinunod po namin sa surname po ng ama niya, nasa akin po ngayon nakatira ang bata at the same time the father support my child financially pero my iba po siyang Girlfriend which is ang alam po ng anak ko, kaya hindi kami nagkakasama ng papa niya ay dahil may trabaho sa malayo ang papa niya..pinili kong un ung sabihin muna sa kanya ay dahil bata pa po siya, di pa niya maintindihan ang mga bagay2 tungkol sa mga ganun. at wala po ako borfren or wat so ever, ang pinagkakaabalah ko lng po ngayon ay ang kinabukasan ng anak ko.

Ngaun po pinirmahan na ung papeles ko ng aking Employer sa Canada, and maybe next year lilipad na po ako dun para magrtrabaho. Itatanong ko lang po sana kung ung custody para sa bata ay pwede na lang po sa nanay ko since ung nanay ko po alagang alaga niya ang bata. Iniisip ko lang po kasi ang kapakanan ng anak ko, dahil kung sa papa niya lang, wala po ako alam dahil baka mapabayaan niya lang ang bata dahil nga po meron siyang ibang babae. mahilig sa inom at marami pang bisyo.. pag alis ko, gusto niya daw kunin ang bata, may laban po ba ako na pigilan siya at kung pwede ko ba kunin ang anak ko pag dumating ung panahon na pede ko xa makuha sa Canada?

fries, is the father willing to sign the birth certificate in the first place?

Ayun na nga po Sir, xa po may gusto na isunod ung lastname niya sa bata.. If ever nga po isunod ung lastname niya, may mas karapatan po ba xa sa custody sa bata?

mer, you versus father, you will win. father vs. your mom, he might win. parental custody cannot be done through proxy. nevertheless, you can come back if he actually will initiate a case for custody.

fries, if he signs the birth certificate, then the child will carry his surname, BUT this may not be the best case if you will probably not get married. what i recommend is that you acquire an affidavit of acknowledgment now but don't let him sign the birth certificate. the child will have your surname, and you have the affidavit as basis to ask for support. if you decide to have the child use his father's surname, he can issue an authorization to do so, and your child will have the option which surname to use. if you use his surname immediately on the birth certificate, he can only use that surname permanently. good luck.

"mer, you versus father, you will win. father vs. your mom, he might win. parental custody cannot be done through proxy. nevertheless, you can come back if he actually will initiate a case for custody."

so it means po ba attorney for a illegitimate mother to get the custody of her child she needs to stay here in the country? what if she decided to left the philippines and leave her child with her ate or kuya can i initiate a case to them for custody since me being a illegitimate father will had a best knowledge to take care of my daughter rather than her siblings, sa tingin nyo po ba papanigan ako ng korte kung ilalaban ko ung kaso na un?

you versus kapatid, i believe you will win. but note that custody decisions are never final. the mother can suddenly assert herself and ask the court to grant her custody.

thanks atty. what do you think, because the mother of my daughter will be going out of the country for good, her last option is leave my daughter with her kapatid, do you think that will be the best time for me to file a petition for the custody of my daughter rather than my daughter will be staying at her ate's house which her ate has two kids also, i know my ex-gf can win the custody against me but she must stay here in the philippines to do that right?

in your other thread, i thought the child was with you?

yup the child is with me right now, what i'm preparing for is the time when the mother of my daughter arrives this year, for sure she will be getting my daughter, that is why im preparing the necessary things that i should do or i should prepare by know, it is ok to me if my ex-gf will stay here permanently here in the PH and take care of my daughter visitation rights is fine with me in that circumstances, but if she will go again to US and leave my daughter with her kapatid rather than me that will not be fine with me.