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Free Legal Advice Philippines » FREE LEGAL ADVICE » FAMILY AND MARRIAGE » Child Custody- Mother is working abroad. Parents not married.

Child Custody- Mother is working abroad. Parents not married.

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DadNeedsHelp

DadNeedsHelp
Arresto Menor

Hi Atty's.

Hope all is well!

I am a father of a 10 year old daughter under my name.
She was with me since 3 months old until her 5th birthday but was taken by her mom through a custodial battle. She left the kid with her Lola and went abroad.
Right now, she is engaged and is soon to be married.

Question:

1. Can the father assume custody because the mother is out of the country?
2. Can the mother/new husband adopt the child once they are married without the fathers consent?
3. Can they bring the child abroad with out the fathers consent.
4. ***If this will be brought up legally, is there by any chance that the custody will be granted to the father or this is just wishful thinking.

Facts:

1. Both are not married
2. The child (10 years old) is living with her lola alone. (Lola and child only in a house)
3. Father is always visiting the child every month and has a good relationship with the child.
4. Mother and Grandmother will not allow the child to have even a weeks vacation with the father.
5. Child has the surname of the father.
6. Cash support is not given by the father, instead physical basic needs is provided like school needs, medicines, basic needs etc. ( Physical items. not cash)

Lunkan


Reclusion Perpetua

I'm specialized in business and tax laws, but I know a litle.

Until 7yo child, the father has almost no chance, except if the mother can be shown being terrible as PARENT. I suppouse that's why the mother got the custody in the EARLIER legal fight. I believe you have SOME chance NOW, but I beleve better chance if you aim at 50-50 custody.



DadNeedsHelp

DadNeedsHelp
Arresto Menor

Thanks Lunkan,

I do not plan to escalate this legally if possible.
It's just that I pity looking at my daughter with her lola alone. And also the way they treat her, I really believe love is not present and this hurts me a lot. Sometimes it seems that this law is unfair for the good fathers out there.

Moving forward, Sir, can you please enlighten me about the 50-50 custody? For she is based abroad? But i'm for it. Even a 40-60 agreement will do.

And can her husband adopt my daughter with out my consent?

Lunkan


Reclusion Perpetua

"Sometimes it seems that this law is unfair for the good fathers out there."
Yes. When the child is under 7yo, then it isn't enough for the father to show he is a better parent, he has to prove the mother is very bad parent Sad
I suppouse the law depend of small children are SUPPOUSED to have closer bonds to the mother.
It's more common though, it's the father who missbehave, which make it not odd the courts often favour the mother.

Try to collect proves YOU pay and hand over supports, because otherwice it's risk a court can find you being in dept for support if it become an uggly court fight.

"Moving forward, Sir, can you please enlighten me about the 50-50 custody? For she is based abroad? But i'm for it. Even a 40-60 agreement will do"
As I wrote I'm not specialized in such, but I belueve even when the father have some custody, both parents have to approve even visits abroad.

"And can her husband adopt my daughter with out my consent?"
Sure not if you have some custody.
If no custody, I don't know.

Is the mother totaly against the daughter living with you?
Perhaps it can be an ADVANTAGE for the mother, perhaps easier for her to get married with other man without problem.

Good luck!

DadNeedsHelp

DadNeedsHelp
Arresto Menor

Thanks for the encouragement and making things clear.

So it is a good idea that all expenses for my kiddo will be logged and accounted for. I did not do this before because it sounds like an insult to my kid from me having all stuffs I gave her being accounted. In terms of financial capability, she is far more well off than me. I just cant understand why the kid was not really taken cared of. (if i base it on my standards)

Yep, she is totally against her being with me. shes afraid that the kid will be against her. The mother is a burden to me emotionally by using the kid as a kryptonite. I really do not want this to be resolved legally. I do hope God will make a twist on our circumstances that is much more favorable to me and the kid.


Thank you very much Atty.

Merry Christmas

Niel

Lunkan


Reclusion Perpetua

I'm not atty. I just read some laws.

The log is ONLY as DEFENCE IF the mother claim you haven't paid support and demand you pay her for earlier years too.

If you don't get part custody, I believe there is risk the child will be moved away from you IF the mother want so.

Do you know what the mother's new man feel about bringing the child to live with them?

How come it became a custody case when the child lived with you?

You can ask the nearest PAO office, if they can assist you to secure the child to not be moved away.

BCL13


Arresto Mayor

I'm not a lawyer but since he recognized the child (name in the child's birth cert.) she cannot travel abroad with the child and adopt the child without his consent. This is what I have read in other threads.

DadNeedsHelp

DadNeedsHelp
Arresto Menor

Thanks BCL13.

This is great news!

But for the custody if the mother is abroad? Can the grandma from her side has more custodial rights than the father?

Lunkan


Reclusion Perpetua

DadNeedsHelp wrote:
But for the custody if the mother is abroad? Can the grandma from her side has more custodial rights than the father?
Only if both parents are found to bad
BUT the mother with custody has right to delegate caretaking to for instance the grandmother.

Your daughter living with you until she was 5yo, that's more years than sje has lived with the mother, can be a big plus for you if it become a custody court case again.

DadNeedsHelp

DadNeedsHelp
Arresto Menor

Yep. The daughter is living with me for almost 5 years. For the other five years, she stayed with her grandma. Her stay with her mother will not reach a year if combined. Mother is in abhu dhabi.

Johnleaf


Arresto Menor

I believe woman who got pregnant wants to be get married from the guy. If the woman will leave the country, she will give the baby to a guy hoping the family will be complete. But this guy dont have plan to marry her and live in one happy home. That is why there is custodial battle, Guys should always understand women's feeling, but some guys dont. Some guys just want the baby not a family. Now the illegitimate child is affected.

AWV

AWV
Reclusion Perpetua

DadNeedsHelp wrote:Hi Atty's.

Hope all is well!

I am a father of a 10 year old daughter under my name.
She was with me since 3 months old until her 5th birthday but was taken by her mom through a custodial battle. She left the kid with her Lola and went abroad.
Right now, she is engaged and is soon to be married.

Question:

1. Can the father assume custody because the mother is out of the country?

NO!

2. Can the mother/new husband adopt the child once they are married without the fathers consent?

NO!

3. Can they bring the child abroad with out the fathers consent.

NO!

4. ***If this will be brought up legally, is there by any chance that the custody will be granted to the father or this is just wishful thinking.

ALSO NO IF YOU CAN'T PROVIDE FINANCIALLY.

Facts:

1. Both are not married

NOT A CHANCE!

2. The child (10 years old) is living with her lola alone. (Lola and child only in a house)

CHILD CAN CHOOSE BETWEEN YOU AND THE MOTHER ONLY IF YOU CAN PROVIDE THE GENERAL NEEDS TO TAKE CARE OF YOUR CHILD, SO FINANCIAL SUPPORT IS VERY IMPORTANT THAT YOU HAVE A JOB.

3. Father is always visiting the child every month and has a good relationship with the child.

GOOD GROUND

4. Mother and Grandmother will not allow the child to have even a weeks vacation with the father.

DECISION IS THEIRS, UNLESS YOU BATTLE THEM IN THE COURT.

5. Child has the surname of the father.

GIVES YOU RIGHT AS A FATHER.

6. Cash support is not given by the father, instead physical basic needs is provided like school needs, medicines, basic needs etc. ( Physical items. not cash) THEN YOU LOSE FOR THIS ONE...

IN GENERAL, YOUR PARTNER CANNOT TAKE YOUR CHILD ABROAD IF YOUR CHILD IS UNDER 18 YEARS OF AGE UNLESS YOU SIGN THE DOCUMENTATION ALLOWING HER TO TAKE YOUR CHILD OUT OF THE COUNTRY AS YOUR CHILD IS CARRYING YOUR SURNAME. UNLESS YOUR CHILD IS 18 THEN THEY DON'T NEED YOUR PERMISSION ANYMORE TO LEAVE THE COUNTRY.

DadNeedsHelp

DadNeedsHelp
Arresto Menor

AWV

Hey thanks for a crystal clear answer! Guess have to endure everything until the kiddo reaches the time that she will decide for herself.

Wish that this law will be amended. DSWD sucks when investigating the child's welfare. Good thing we were not married.

Anyway, Thanks
Atty. Katrina288 - em@il: km@kgmlegal.ph

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