Please need your advise

I'm a foreigner and have 2 kids with a Filipino fiancée (we are not married yet).When my two kids was born , my fiancée gave me signed witnessed affidavit that saying I can bring the kids out of Philippine and can keep kids with me (stay with me ) for certain period too. Also affidavit mentioned that not to breach agreement and treated as legal document. My first child stayed with me two months in my country while my fiancée stayed in Philippine. But lately she won’t me bring kids out and kids stay with me.This was started after second child born. Lately I found that one of her aunt ( who doesn’t have kids) and my fiancée talk about kids stay with me. It seems aunt advised my fiancée that do not let me to bring kids out and keep with me. For this reason we had lot of arguments. My fiancee and kids were lived with me and left to Philippine and now living in a rented house which I leased.
When we exchanged our mobile phones recently, I show some communication between my fiancée and her aunt as of my fiancee forget to delete the messages .I found that aunt advised my fiancée do a complaint against me to Philippine police and then she can asked one of her friend who works in police to help arrest me when I arrive Manila, if I talk about share the kids. Also ask my fiancée to take back the affidavit that she gave me. Meanwhile I visited few times to Philippine to see my kids without knowing their discussion.
Now my fiancée is pregnant with third child and its close to give birth.Recently she asked me if I am ok to do legal way to share custody of the kids (Mean equal share, responsibilities and I can keep kids with me in certain period and rest stay with her).I told that’s what I want too but should be legal and agreement witness and approve by court.

I need your kind advise on below.

1. Does my fiancée still can refuse me to bring kids out and kids keep with me in certain time as she agreed from the Affidavit? Do I can use the affidavit as a legal document to file a case in court if she refuse to fulfill what she agreed in affidavit?

2. Now she asking about share custody of the kids. What should I need to do to LEGALIZE if we do agreement for share custody on kids? Is this possible and workable? Even we do legal Affidavit /Agreement still she can refuse me bring kids or keep kids with me for certain time?

3. As I have evidence that her Aunt advised her to make complain to police (don’t know what complain) and use a friend that works in Police to arrest me when I go manila if I talk about kids share anymore, I feel that it seems threat to my life .Use false accusation and bribe a police officer to arrest me totally fraud and they might want to give me trouble to stop visiting there and cancel / stop me getting visa to visit Philippine. What action I can take in Philippine for them for trying make false complain and use a friend police officer to make trouble for me?

I am waiting your comments and advise. Thank you.

U4

Your fiancee is abusing your kindness and right as father to your children.

That affidavit is not legal. Your fiancee used said affidavit to control you in your relationship with your children. As a father, it is your right to rear and support yout child. Now, if the child is less than 7 yrs old, the child's custody remains with the mother, unless she is unfit to become one. If the other child is already of age, he/she can decide for him/herself whether to live with you abroado or with this woman.

I cant undertand why the aunt would harass you with that policeman to deprived you of the right as the children's father.??? I sympathize with you in your predicament.

Now, if you want my legal assistance, feel free to email me at adpr24242000@yahoo.com for available legal remedies to protect your right and interest.

Tnxs and anticipating your reply.

Atty K.R.

my ex new girl po kc ngpost sa social media ng paninirang puri, i knw po na aq pinatatamaan nya. dhil minsan npo nya cnbe sa aken ang isyu n yun,tinawag po nya aq malandi,desperada,makating babae at parang aso...is der any offense n pd q ifile sa knya?

i doubt it! not unless she directly mentioned your name on the post. Otherwise, pasaring is not clear paninirang puri. Learn to ignore her post or block her completely so she won't get into your nerves anymore. The more you react the pleasure you are giving her.

Hello,

WHO IS THIS simplymei05 ??? Asking his/her question in my own post. Please create account and post own and not to touch other post.It is completely block my post anyone can answer....

Site adminstrator, please looking into this and remove the post done by "simplymei05" above.

Thank you.

You are not legally married to her therefore you have no standing in the matter if she refused to let you see her children until they are 7 years below. Have you acknowledged and signed the birth certificates your children?

Dear Atty. Karl Rove,

Thank you for you reply.I have send you a email to your given email address.Hope I can get cement reply for that.Thanks.

U4: acknowledge receipt of your email.

Will reply and see you at my office.

thanks

Dear AMW,

your quote above to my questions :

"You are not legally married to her therefore you have no standing in the matter if she refused to let you see her children until they are 7 years below. Have you acknowledged and signed the birth certificates your children?"

" Have you acknowledged and signed the birth certificates your children?"  -

My child's mother gave me some form & affidavit to sign before child born and I did sign out of Philippine but no afirm in front of a lawyer. I never signed those before a lawyer in Philippine as the affidavit indicated that I signed in front of a lawyer as a witness.She had submitted those affidavit & form for birth certificate. Did those affidavit & birth certificate form legal?

U4 wrote:Dear AMW,

your quote above to my questions :

"You are not legally married to her therefore you have no standing in the matter if she refused to let you see her children until they are 7 years below. Have you acknowledged and signed the birth certificates your children?"

" Have you acknowledged and signed the birth certificates OF your children?"  -

My child's mother gave me some form & affidavit to sign before child born and I did sign out of Philippine but no afirm in front of a lawyer. I never signed those before a lawyer in Philippine as the affidavit indicated that I signed in front of a lawyer as a witness.She had submitted those affidavit & form for birth certificate. Did those affidavit & birth certificate form legal?

Have you acknowledged and signed the birth certificates OF your children?

Affidavit is an authorisation, I don't know the legality of your affidavit if this is properly submitted and recorded in NSO unless your name is written on your children's birth certificate and you signed it, this will stand as a proof and shows that you acknowledge them as your children BUT if you are not married to your children's mother, and you're not FILIPINO CITIZEN how can you take them? Children in the Philippines can never leave the country without both parental permissions from DSWD. If the mother refuses for you to take the kids out of the country you have no standing because you are not married to her in the first place and your are not FILIPINO. She and your children are under Philippines jurisdictions and you are not! You're an alien until you marry her, you won't have the same rights to her children.

If I were you, try not to piss her off or you won't see your children anymore until they grow up! Lawyer will tell you they can help you but as I already said you have no standing when it comes to jurisdictions. You can marry her if she agrees just to legalised your children's paperworks under Philippines jurisdictions and your own country's jurisdiction after registering their birth certificates and get them passports from your country. You have to know how to play the game. You are a foreigner you can easily divorce her later on when things are sorted and you can claim the legality as a father to your children. Think about it!

Dear AMV,

Thanks for the advised.

I have simple question....

The affidavits and Birth Certificate forms written my name as a father should be witness right.That means I have to sign those in front of a lawyer.I signed the affidavit and birth certificate form months before child born when we meets outside Philippine.But my fiancee done our sign witness by Philippine lawyer of those affidavit & birth certificate form as SUBSCRIBED and SWORN to BEFORE ME this ....Day...

That means the lawyer witness I signed before him...But I never there to sign those before the lawyer.

Can I say i didnt sign the affidavits  birth certificate form AND then file a case for my fiancee for falsification (make false documents) ?

Dear AWV,

You quote - "Children in the Philippines can never leave the country without both parental permissions from DSWD. If the mother refuses for you to take the kids out of the country you have no standing because you are not married to her in the first place and your are not FILIPINO. "

My question :

I have a affidavit given by my fiancee witness by a Phil lawyer that I can bring kids out of Philippine any time and can keep with me. Also she affirm not to breach this statements and the affidavit she accept can use for any legal purpose.

So still I can't bring kids and she still can refuse? what is the purpose of affidavit? and as she accept can I use it legal purpose?

Hi U4,

In your case, your first problem is your rights over the children; since you are not married with the Filipina (the mother), the children are illegitimate. And in PH, the mother has full parental authority over an illegitimate child.

Although you signed the birth certificates, that only proves that you are the Father of the children, that doesn't grant you parental authority over the children. You can share that privilege upon marrying the mother and legitimized the status of the children. I hope this will answer your first concern about your parental rights.

2nd thing is bringing your kids with you outside PH. An affidavit will not solve that concern (forget about the affidavit, the court will not accept that). Since they are illegitimate, they are required to secure travel clearance certificate from DSWD. I pasted that link below for your reference.

http://www.dswd.gov.ph/faqs/travel-clearance-for-minors/

Question: How you managed to take your first born outside PH?

In otherwords, acknowledging your children does not give you a full parental custody because you are not married to their mother so only the mother of illigitimate child has rights to their children. And as Concepad mentioned those affidavit are not valid in the court. You cannot use it, its an agreement between you and her, the order didn't come from the court. So as I said if you want rights to your kids marry her to have the full parental rights. This is the only way you can have legal rights to your children. And if not happy marrying her? divorce her. Even you are divorced you will not lose your parental rights. It may be a long process but its the only shot you have if you wish to have rights with your children.

good day. i would like to have some legal advise regarding my case with a woman na nabuntis ko lang without any personal relationship with her. nakatira po ako sa tabaco, albay. niyaya po ako makipag inuman ng babae sa bahay ng kaibigan nya once kahit wala pa kaming one month na nagkakilala...nilasing po ako...kasamaang palad... aksidenteng nabuntis po sya... nangyari po ito 4 years ago.... ang pamilya ko po ang nagshoulder ng panganganak nya..at sinuportahan ko po ung bata...pinagkasundo po kaming ipakasal ng mga magulang po namin pero tumanggi po ako at sinustentuhan po ung bata sa abot ng aking makakaya...ung time na po na yun nagkatrabaho po ako at kahit papaano nakakapagsustento naman po ako...at minsan ung papa ko po ang tumutulong sa pagsustento pag wala ako at natanggal sa trabaho....pero tuwing pumupunta po ako sa bahay ng babae para iabot ang sustento ko...eh hindi po nya sa akin pinaphawak man lang ang bata..at puro utos lang sa mga gawaing bahay nila ang laging pinapagawa sa akin....hanggang sa nagsawa na po akong pumunta sa kanila at magsuporta....then nakapagtrabaho po ako sa laguna at paminsan minsan ay nakakapagsuporta naman.....hangang sa umabot na po na nagdemanda ang babae ng RA 9262 laban sa akin at ang nakatanggap ng sulat ay ang papa ko sa albay....pag uwi ko po..ay naissuehan ako ng warrant of arrest at naikulong ng pansamantala...kulang kulang isang araw lang po naman kasi nakapagpiyansa po kami.....nagkaroon po ng mga hearing sa bulwagan sa amin sa tulong ng PAO representative para dumipensa sa amin...tumagal din po ng mga 6-7 months ung hearing pero hindi napo natuloy dahil ung babae po mismo ang nag-urong ng demanda at nakipagsundo na lang sa akin... nagkaroon po ng provincial dismissal ang kaso at ung piyansa na 24k ay napunta sa babae.... at nakagawa po ako at ung babae ng settlement... with the help po ng abogado ko sa PAO. nakasaad po sa agreement po namin na makakatanggap po ng supporta ang bata in kind...not in cash....na ang sabi po ng abogado ko sa PAO na hindi lahat ay sagot ng ama dahil hindi daw po kami kasal at estimated lang daw po sa at least 2500 pesos kada bwan ang suporta sa bata...since 4 years old pa lang po...at kasama pa po sa kasundoan na meron po akong karapatan sa bata na at least 1 day custody.

Noong una po ay ok ung nangyayari....after mga ilang buwan hanggang ngayon...ayaw na po ipahiram ang bata sa akin at ayaw po ng nanay kunin ung suporta sa bata..naisip ko lang po..baka palabasin na naman po nya na di ako nagsusuporta 2lad ng dati na di ko tinago ung mga resibo..at makakuha na naman po sya ng pera sa akin tulad ng napiyansa ko dati ..parang napansin ko lang din po na napapalapit napo sa akin ung bata...pero ayaw po yata mangyari un ng nabuntis ko.....ung kada weekly po na suporta ko sa bata na dapat ibibigay ay naeexpired lang po...may mga resibo po ako., pictures na may mga witness na nakapirma na nagsusuporta po ako..... mag 2 months na pong ayaw sa akin o sa pamilya ko ipakita ang bata....pero nung pinuntahan po ng kapatid ko minsan sa bahay ng babae... pinagbabato po sya...pinagmumura...at pinagsusuntok ng anak ko daw po.....

di ko po alam ang gagawin ko kung may karapatan po ba ako na makasama ang anak ko kahit man lang 3 days a week....kasi mabait naman po ung bata pag nasa amin nung mga unang buwan na nakasama ko after ng settlement...pero ngayon malaki po ang pinag kaiba.....at nabalitaan ko pa po na may anak na sa ibang lalaki ung nabuntis ko at hindi inacknowledge ung bata... sana mabigyan po nyo ako ng mabuting payo ukol dito. salamat po

Hello "jpairabarbacena",

Please dont post in my account...if you want post in your account please.....

Dear AWV & Concepab,

Thanks for the answers.I have no doubt about my legal right of children now...its clear...

But I didnt get clear answer to this.....

For birth certificate registration using my surname and as a father ...i did sign affidavit and birth certificate form outside Philippine and few months before children born.My fiancee gave me to sign.But I know my sign has to witness by a lawyer.I nevr sign those in front of the lawyer in Philippine (My sign witness by lawyer).But later my fiancee witness my and her (both) sign from a lawyer in Philippine.Simply I never went philippine to sign the forms in front of the lawyer.

Then my fiancee submit those to NSO and register birth certificates.

My question is, Are those signed documents are valid IF I PROVE THAT I WAS NOT in PHILIPPINE TO SIGN THOSE AFFIDAVIT & FORMS in front of the lawyer as a witness, on the date the lawyer signed that he witness our sign....