may habol ba for child custody?

[b][b]I have a nephew, he's almost 3 years old, but he still doesn't have a birth certificate. My mom and aunt urge my brother to process the birth certificate, when he did he found out that in the hospital records, the name she listed there to be the father of her child was her husband and not his [my brother].

The story is this, the mother of my nephew left the child in our care when he was only a month old, declaring that my brother was the father. We accepted the child and the mother asked for money for all the gastos her aunt had spent on her, so my mother gave her the money, but wala siyang napirmahang written documents saying na nakakuha siya ng money from us since we trusted her naman. After that, she disappeared from our life. Now, after almost 3 years she is now demanding that we return the kid to her. We also found out that she was already married when she had a relationship with my brother! Tapos ngayon, sasabihin niyang di siya sure kung sa kuya ko nga ang baby or hindi. My brother is willing to have a DNA test.

I am well aware that when it comes to child custody cases, kadalasan sa nanay napupunta ang bata na below 7 y/o pero I want to know kung is there any other way na mapunta sa amin ung bata? Since the mother is not fit to raise him and we fear that the child might suffer from physical, emotional and even psychological problems pag nangyari na napunta siya sa girl.

What can we do?? Thank you.

in my opinion, your best remedy is for your brother to file for custody, and request the court that the child be allowed to stay with him during the pendency of the case. note, that it may backfire and the judge will grant custody to the mother.

the law is not on your brother's side. if it is a given that she is the mother, then your brother has no legal rights. the law looks upon the child as the legitimate offspring of the woman and her husband.

it is only her husband who has the legal right to petition the court to declare that the child is spurious, and if granted, only then will your brother have a right to establish he is the father.