FATHER'S RIGHTS OVER ILLEGITIMATE CHILD

Hi,

Would like to inquire about my brother's case. My brother had a relationship before and eventually they got separated. They were never married and they had a child who is now 2yrs old. The child bears the surname of the father as it appears on the birth certificate. The father fully recognize the child as his. He was able to see his son from a distance since they are neighbors but the mother won't allow him to go near the child.
With this, I would earnestly like to seek advice on the following queries:

1. Can the mother change the surname of the Child by simply omitting the Father's surname and replace it with hers?  
2. Does the mother have the right to deprive the father of his son? By not allowing the father to be with the child?
3. Are there any grounds that the mother can file against my brother to deprive him of child visitation as I understand that the custody of the child under 7yrs old should always be with the mother?

Thank you so much. Hoping for your reply.

the child is illegitimate. thus, full parental authority and custody is for the mother is a general rule unless court declares so for compelling reasons to take child away from mother. welfare of the child is the highest concern on that case.

illegit child has right to receive financial support from father. mother can fight for right for financial support from bio father thru court. if father neglects this financial support to his illegit kid, and mother can strongly prove these in court, father can go to jail. with bail.

father can file thru court of his visitation rights over the child, approved by court on mother's consent.

Since child is illegitimate and mother is of full parental authority, mother can decide which surname to use for her illegit child siguro, even if affiliation of father to the child is proven and father recognizes the child as his own

mother has option to marry. once married, she and her husband can adopt the child legally thru petition in court with consent by biological father . ask DSWD for more info.

kakailanganin mo ang attorney sa cases na ito.

safia wrote:Hi,

Would like to inquire about my brother's case. My brother had a relationship before and eventually they got separated. They were never married and they had a child who is now 2yrs old. The child bears the surname of the father as it appears on the birth certificate. The father fully recognize the child as his. He was able to see his son from a distance since they are neighbors but the mother won't allow him to go near the child.
With this, I would earnestly like to seek advice on the following queries:

1. Can the mother change the surname of the Child by simply omitting the Father's surname and replace it with hers?  
2. Does the mother have the right to deprive the father of his son? By not allowing the father to be with the child?
3. Are there any grounds that the mother can file against my brother to deprive him of child visitation as I understand that the custody of the child under 7yrs old should always be with the mother?

Thank you so much. Hoping for your reply.

Hi,

1. Since the child was registered under the father's name, the mother cannot simply change it without good reason and approval form the court.

2. Although the custody of a illegitimate child is given to the mother, the father have h rights to visit the child. base on their mutual agreement or court order.

3. Unless your brother will bring danger to the child, i don't there is a reason for the mother to do that.

As mentioned before that the father has also the right for visitation, even the couple is not married. I am the father of my daughter. Me and my partner, had a child together after a five years of living together. However, my partner left for the reason of irreconcilable differences. The mother do not want me, to visit my daughter and wont even let me talk over the phone. My daughter is only 4 years of age. I have all the finances to take care of my daughter's education; travel & vacation; medical care; food & shelter and general welfare. My partner do not have steady income, and only staying with her parents house. I wanted to have an equal days in a week, with my daughter at my house without the mother. I am willing to give support to my daughter while she is with the mother. Should I give support to the mother too? What is the proper procedure for me to get a visitation rights.

Simon Saavedra wrote:As mentioned before that the father has also the right for visitation, even the couple is not married. I am the father of my daughter. Me and my partner, had a child together after a five years of living together. However, my partner left for the reason of irreconcilable differences. The mother do not want me, to visit my daughter and wont even let me talk over the phone. My daughter is only 4 years of age. I have all the finances to take care of my daughter's education; travel & vacation; medical care; food & shelter and general welfare. My partner do not have steady income, and only staying with her parents house. I wanted to have an equal days in a week, with my daughter at my house without the mother. I am willing to give support to my daughter while she is with the mother. Should I give support to the mother too? What is the proper procedure for me to get a visitation rights.

Support for child alone since you were not married to your partner, she is not your legal wife then. Thus spousal support is not mandatory.

You may file in court of your prayers and visitational rights over the child. The court's decision would be for the welfare of the child.

Thanks Marlo. I havent talk to a lawyer yet. Will this takes years to have this case settled and what are the documents needed to file on this case. I have read in some forum about fees of a lawyer. Any idea as to what kind of arrangement for the lawyer. I used to work outside the country and know nothing about fees. Also any idea, the cost to have this case filed in the court. Any suggestion in this forum is highly appreciated....thanks