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Need legal advice, 24 f here, illegitimate child.

4 posters

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girl24


Arresto Menor

Hello and good day to all,

I am currently 25 married and have 2 children.

I would like to seek advice from people here regarding my legal status and rights.

First of all, thank you for this site, I have search and search google and have found this to be a local filipino legal advice website.

I would like to ask anyone about my legal rights.

1. I have a legal document (NSO) that my father signed.
2. I have a text messages and pictures with my father lately with me while he visited our place.
3. My father has been sending out financial aid for me and my family, since I am not currently financially stable,

My trouble began, when my father does not give out financial assistance due to following reasons,
1. New store being put up
2. Low in cash
3. always out of town.

Until recently, My dad has been avoiding any contacts and has not been helping financially, (my husband does not earn that much, though they are on a well off family, since my mother-in-law does not want him to pursue his career, possibly due to high risk, financially or for what ever reason. (AB-INITION).

Would I have any grounds to ask for my share in what he told me.

I am very afraid since they are a very wealthy family.

Would I have any rights if he does not specify me in his will and testament, I am planning to ask any lawyer to send a (letter / legal) to their place.

1. Assuming he does not specify me on the will of testament. ( would I get anything from my dad?)
2. What are my rights as of now?

Also I believe that her family does not know, that he is in contact with me. Though I think his family knows about me.



Please help.

With God's grace.

attyLLL


moderator

i take it that your parents are not married?

you will not have any rights to any of his property until he is dead. being 24 and of legal age, he no longer has any obligation to provide support to you. If you are very much in a tight spot, then your children can ask support from the grandfather.

i would think it is better that his family finds out about you if only to avoid any surprise during the wake, and have that dramatic moment reserved only in the movies.

by law and if circumstances allow, you will be entitled to half the inheritance of the legitimate children.

https://www.facebook.com/BPOEmployeeAdvocate/

irisheunice


Arresto Menor

hi,my child is elligitimate,but she carry the surname of his father.she has a birth certificate signed by his father.complete documents.but until now i never filed it.coz of my fear that one day her father took my baby and bring her to australia.coz he is austrlian citizen.together with his wife,they have no children,except my child,but lately he does not gave his financial support to my child.im planning to filed her birth certificate now.how does australian embassy help me? i have my picture and video of my baby and her father.i want out of court settlement.but i dont know how to do it.pls.help me.thanks in advance

attyLLL


moderator

irish, is the father here in the philippines? if not, i'm afraid i do not know much about australian family law and how the embassy can help you.

https://www.facebook.com/BPOEmployeeAdvocate/

irisheunice


Arresto Menor

he is in australia now.a citizen there.what can i do if i file a petition for support.coz right now he does not support my child.he is a pilipino.what is the right of my child?you mean,wala kaming magagawa or makukuhang support coz nasa australia sya?what are the step by step na need ko gawin?my child is only 2yrs.old,i have no work coz no one take care of my baby.pls,give me advise,salamat.godbless

attyLLL


moderator

I'm not saying you can't do anything, but i am not competent with australian law.

you can file a petition here for support or a case of economic abuse under RA 9262. the problem is how to serve him with notices and acquire jurisdiction because he is outside of philippine territory.

https://www.facebook.com/BPOEmployeeAdvocate/

irisheunice


Arresto Menor

he has a relative here.and they all knows about us.nakita na din nila yung bata.pwede po ba i serve sa kanila yung notice?or pwede ko po ba idaan yung notice tru email,just to show him that i was taking action for the rights of my child.thanks in advance

attyLLL


moderator

you can certainly try to serve on the relatives, but they can deny that your husband lives there. it cannot be served by email under current rules.

https://www.facebook.com/BPOEmployeeAdvocate/

irisheunice


Arresto Menor

hi.ist of all thanks for all your reply on my post.bout my case,can the father of my child have the chance to get the custody on taking care of our child?she is 2yrs.old now.on the assestment that he gave the good future to my child coz he is austrlian citizen.im afraid about that..so thats is why until now i didnt file her birthcertificate signed by him.i have complete docs.he signed it all.i decided to file it before she goes to school.pls enlighten me bout my decesion.thanks and godbless

attyLLL


moderator

if you don't file the birth certificate that is signed by him, you will not have proof that he acknowledged the child and that he is entitled to support.

the mother of an illegitimate child has sole parental authority so you will retain custody.

https://www.facebook.com/BPOEmployeeAdvocate/

Jazz


Arresto Menor

hi I'm 19 yrs old and pregnant, the father of my child jst married last Sept. 2010, & his wife is also pregnant & will deliver her baby diz feb.,tanong ko lng po pwde q ba sampahan ng kaso yung father ng baby q if he failed to give financial support 2 our child?

attyLLL


moderator

jazz, did the father sign the birth certificate?

https://www.facebook.com/BPOEmployeeAdvocate/

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