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Free Legal Advice Philippines » FREE LEGAL ADVICE » FAMILY AND MARRIAGE » CUSTODY OF ILLEGITIMATE CHILD BELOW 7 YRS OLD

CUSTODY OF ILLEGITIMATE CHILD BELOW 7 YRS OLD

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aizhadik


Arresto Menor

Hi good day to all, I badly needed some advise on this. My brother, unmarried, has two illegitimate sons, 4 yrs and 9 months old, both children are living in my brother's custody together with the mother. Now, the mother is threatening if they will not get married she will leave the house together with their sons. Can my brother have the right of custody since the mother is unemployed and incapable of taking care of the children. Thank you for your advise.

attyLLL


moderator

no. only the mother has parental authority over the children. even if the mother is unemployed, your brother has to give support anyway.

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

aizhadik


Arresto Menor

Hi Atty, is there any exception on this law? Even if the mother is negligent to her children?but how can we prove that there is negligence on the part of the mother?

attyLLL


moderator

how you will prove depends on what evidence you can provide. it will only be in extreme cases where the children will be defnitely in danger will the court allow the father of illegitimate children to have custody.

the father will still have visitation rights if they separate.

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

danielbarrion


Arresto Menor

What happens when a child who is 7 yrs old and chose his biological father over his mother?

enelrah02@yahoo.com


Arresto Menor

Hi there, can a mother still get a child custody even she is working abroad?

attyLLL


moderator

daniel, child stays with the mother if he is illegitimate.

enelrah, yes if she personally take care of the child.

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

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Free Legal Advice Philippines » FREE LEGAL ADVICE » FAMILY AND MARRIAGE » CUSTODY OF ILLEGITIMATE CHILD BELOW 7 YRS OLD

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