Visitation Rights

Hi,

I just want to seek legal advice with regards to my visitation rights to my daughter. Meron po kasi ako naging live-in partner for 4 years and naghiwalay kami because of 3rd party on her part. Kahit na ganun ang nangyari I still continue to give my financial support sa anak namin but the problem is ayaw niya ipakita sa akin yung bata. And now nalaman ko na balak niya dalhin sa ibang bansa yung bata. The question is pwede ko po ba mapigilan na mailabas yung anak ko? By the way she's below 7 years old. I'm just asking for visitation rights not custody.

First, you need to be his acknowledged father meaning you signed her birth certificate so you can assert your legal right over your daugther. If that is the case, she can not just get her out of the country with out your agreement because she is a minor normally permit from DSWD should be secured prior to the issuance of her passport and this requires the father's consent.

Visitation rights shall be determined by the court, so you need to file a case and ask the court of your intention to visit your daugther.

just to add, permit from dswd is required only if the illegitimate child is traveling without the mother.

based on the experience of others in the forum, some countries require the mother to produce some kind of court order showing that they have sole custody which makes it problematic for them to apply for the visa of their child. i have taken the position that this order should not be necessary because our laws grant sole parental authority and custody of illegitimate children to the mother.

that said, if you truly wish to prevent your child from being brought by the mother, the best remedy is to file a case for custody. this is one of the instances that a case is being filed for effect. during the pendency of the proceedings you can request for the issuance of a hold departure order for the child.