Basic Issues in Child Custody in the Philippines

Custody of children is one of the most intense aspects in family litigation. A custody battle could be an independent case or a mere incident in an annulment/separation case. Some basic matters pertaining to child custody under Philippine laws are discussed below.

Basic Issues on Child Custody in the Philippines

In custody disputes, what is the paramount criterion?

The paramount criterion in custody disputes is the welfare and well-being of the child, or the best interest of the child. The court, in arriving at its decision as to whom custody of the minor should be given, must take into account the respective resources and social and moral situations of the contending parents. Nevertheless, this primordial rule can override the rights of one or both parents over their children.

What is the general rule as to custody over children?

The general rule is that a child under seven years of age shall not be separated from his mother, which is based on the basic need of a child for his mother’s loving care. Article 213 of the Family Code provides that “[n]o child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise.” This is more pronounced in case of illegitimate children, as the law expressly provides that illegitimate children shall be under the parental authority of their mother.

Is this rule absolute?

This rule is not absolute. Even a mother may be deprived of the custody of her child who is below seven years of age for “compelling reasons.” Instances of unsuitability are neglect, abandonment, unemployment and immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity, and affliction with a communicable illness. Negligent and careless failure to perform the duties of parenthood is a significant element of abandonment, regardless of actual intention. A strong basis for a finding of the parent’s abandonment of his or her child is found in the case where the parent has left the child permanently or indefinitely in the care of others, given it to another, or surrendered it entirely.

I left my child with a relative, even signing a document to such effect. Am I barred from taking back my child?

Parental authority and responsibility are inalienable and may not be transferred or renounced except in cases authorized by law. The right attached to parental authority, being purely personal, the law allows a waiver of parental authority only in cases of adoption, guardianship and surrender to a children’s home or an orphan institution. When a parent entrusts the custody of a minor to another, such as a friend or godfather, even in a document, what is given is merely temporary custody and it does not constitute a renunciation of parental authority. Even if a definite renunciation is manifest, the law still disallows the same.

Is the court bound by such preference of a child below 7 years of age?

While such choice is given respect, the court is not bound by that choice. The court may exercise its discretion by disregarding the child’s preference should the parent chosen be found to be unfit, in which instance, custody may be given to the other parent, or even to a third person. Decisions on custody of children are always open to adjustment as the circumstances may warrant.

[See also Child Custody of the Father and Mother, Visitation Rights in the Philippines]

549 thoughts on “Basic Issues in Child Custody in the Philippines

  1. ramonsd

    “A custody case could be an independent case or a mere incident in an annulment/separation cae” – can someone who has a pending custody case subsequently file a separate annulment case? Is this not “splitting the cause of action”?

    Reply
    1. lucille

      magandang araw.po atty.ano pong dapat gawin.ng pinsan ko.para.makuha nya.anak nya dun.sa.asawa.nyng wala.namang trabaho.pinsan ko po ay ofw iniwan.nya mga anak nya sa nanay nya pero kinuha po ng walang.paalam ng asawa nya.ngayon.po di pumapasok sa school 1 week na po.ano po ang pwedeng gawin ng pinsan ko

    2. Sarah

      Atty, please give an advice what should i do on my case.
      i have 3 kids the elder is 8 years old and the youngest is turning 4 years old. We are not married we separated almost 5 years i have a relationship with someone who will marry me this year. the father of my children is ofw n saudi arabia. he wants us to get together again, we tried to work our relationship back last september 2014 before i found my fiancé my present man. but then i find out that he is just playing game he wasn’t serious so i decided to break our relationship again. and last year i was pregnant with my fiancée but sad to know that my baby is died right away after giving birth my fiancé is also ofw but then the father of my 3 kids is in the philippines last december 2016 until february he spend time together with my kids and now he grabbed the chances he want us to get together again as he desire it ever since. my fiancée is fighting for his right he will never letting me go and we will get married soon this year. the father of my children is upset fraustrated and now he want us to settle down regarding the 3 childrens support he want to take away my 3 children and bring them to their place and for me i don’t want because i don’t trust them taking care of them it’s ok if they will spend time vacation there but living there with them is no good result because i tried last year and observed the result the health of my kids is not good and my kids told me that no one will take care of them there their uncle is living them and just left them food in the table and be home night when his mothers home too. When he find out that we will get married he will take the 3 kids. what is the right thing to do regarding for my 3 kids custody? thank you atty. looking forward for your advice

      sarah

    3. Atty. Pulpol

      ok ganito ang gawin nyo, pumunta muna kayo sa barangay, kung hindi ito maayos kumuha kayo nang abogado para kumunsulta. at pag katapos ay mag sulat kayo sa asawa na magkakaroon ng legal na demandahan kung hindi siya magko-comply, at kung walang sagot pwede na kayong mag tungo sa piskal para sa paunang meeting at pag d naayos sa korte na kayo maghaharap.

      kung gusto mo naman ng madali kidnapin mo ang mga taong mahalaga sa kanya at sbhn mo na palit ulo. yun, ewan ko na lng kung di pa ibigay yan,

    4. Janneth

      Attorney, I ask something about a child 8 yrs old age. The father has no given financial support for that longer years..I’m a single mother..what is the case for this kind of problem? Because he’s said he has still loans that only less receive after his salary? What will I do now? Can just give me legal advice attorney?

    5. Jhen

      Hi atty. Pwede nyo po ba ako advice about sa custody ng anak ko actually since birth ako naman talaga nag alaga nag palaki emotionally physically mentally at financially ako naman talaga gumagawa para sa mga anak ko kasi mahalaga sila sa akin kaya lahat ginagawa ko para sa kanila.. separated po ako sa tatay ng mga anak ko at since seperated ako ni minsan hindi nya po kinakamusta or dalawin mga bata sa school pero bakit po ganun hirapan po ako kunin yung consent nya para sa 13yrs old ko na anak na gusto ko po isama sa ibang bansa bakit napakahirap po yun gawin.. at at pwede po ba ako mag file ng custody na sa akin nalang po talaga yung custody ng anak ko? Paano po first step na dapat po gawin? Please help nyo po ako. Salamat po

    6. Raina

      Attorney.. gusto ko po Sana mg file ng petition of support ung tatay ng anak ko sa una kso Sabi nya po wala po syang trabaho.paano po ba gagawin ko?

    7. Cedric

      Good po atty.
      Gusto ko lang po malaman kung ano po ang pwedi gawin o mga papers na kailngan upang “makapag aral sa switzerland ang aking kapatid na 7 years old” nasa Switzerland na po ang aking ama at nandito sa Pilipinas ang aking ina , anulled na po ang kasal nila at kasal na sa switzzerland ang aking ama at nais nya po sana na makapagaral doon ang aming bunso, payag naman po ang aking ina na makapag aral ang aking kapatid dun.. gusto lang po namen malaman kung anu ano ang mga papeles na dapat ihanda upang maisakatuparan ito.. maraming salamat po

    8. LLB-3

      I do believe n klangan nyo prin ng written consent from your mom since ung kpatid mu is still minor and s DSWD ata ung consent mngagaling or in the presence of DSWD…secondly of course nka petition b sya from your father or pupunta sya ng switzerland for a student visa?or a visit visa must be needed po…..or the better thing to do is consult a legal expert on the matter at hand.

    9. Janine

      Hello po attorney sana po matulungan niyo po ako dito
      May anak po ako dalawa ang eldest ko po ay kababago nag 7 nong march at youngest ko po ay 4 kinuha po nang aking asawa nang walang paalam sa sister ko po na pinag bilinan ko habang mag ttrabaho ako abroad naghiwalay po kami nang partner ko dahil sa pambugbug sakin at pina blotter kopo cya sa barangay namin pero nang mag abroad na po ako ay kinuha po nang asawa ko ang mga ank ko at walang paalam na sinama patungo sa lugar nila sa probinsya ngayon po sa kasamaang palad siya po ay namatay. Tanong ko lang po paano ko makuha at mailipat ang anak ko sa aking sister po kasi wala po akong ina at mga kapatid ang tinuring ko kapatid ay cousin ko po na nagsama mula pa po pagkabata dahil nga po pareho kaming walang ina sa buhay. Ano mo bang dapat gawin para makuha ko ang mga anak ko sa kapatid nang asawa ko po. I mean paano makuha nang sister ko po ang mga anak ko habang nasa abroad pa po ako at hindi pa po makakauwi sana po matulungan niyo ako dito. At nang pinag babantaan po ako nang pamilya nang asawa ko po na patayin natakot lang po ako sa mga anak ko po kung anong pwedi nilang gawin.
      God bless po and more power.

    10. Lovely

      Gud pm po attorney. Nais q LNG po mlaman kung ano po Ang dpat Gwin. May kaibigan po ako (boy) Na may problema po SA dti nyang kinakasama. Nais po Kz kunin ng nanay Ang anak nya. 7 yrs old Na po Ang bta. Na NSA custody po Na tatay ngayon. Wla pong work Ang nanay at me kinakasama Na rin ngayon at may anak Na rin sila ng bgo nyang ka live in. Ung Fren q po may trabaho po sya. Isa po syang family driver SA Manila. Ngayon po pinag babantaan po Ang Fren q ng dti nyang kinakasama Na pag di ibigay SA kanya Ang bta eh iLalagay raw po nya Kay tulfo Ang kaso ng SA gnun mkuha nya ng tuluyang Ang bta at ma Obliga suportahan ito. SV Pa po ng nanay ng bta Na Pag di raw sya sumoporta SA bta eh ipapakulong daw po ung Fren q. Salamat po…
      Sna mtugunan Nyo agad Ang hinaing Na ito..
      God Bless po SA lhat.

    11. LLB-3

      kaibigan mu nga lng ba uing boy? or ikaw ang knyang KAIBIGAN?anyway family matter po sya and your the third party so remove your interest on the issue npapaghalataan ka ei…so you mean to say n nde obligado ung boy n suportahan ang anak?

    12. diego

      gud pm po atty..

      my anak po aq 6 months old gz2 na nmin mg hiwalay ksu d kme kasal @ ung bata d q pwd iiwan sa nanay kc wla nmn ciang trbho.tzka hnd safe ung bahay na nla sa province pra matirahan.pwd q po ba idaan sa korte 2?@ qng skali my chance po ba aq na manalo qng skali manalo aq?tzka pwd q sbhan sa korte ng ksakit ng nyomonia ung bata dhil sa mdyo nag babaya?hnd na po xa breastfeed.

    13. Recaella

      What if malayo acoe as the mother pwede coe ba sa parents coe ibagay yung custody ng anak coe para d makuha ng ex live in partner coe???

    14. Jermaine

      Magandang araw po atty. Itatanong ko lang po sana kung anong magandang gawing hakbang kung aalis na po kami ng 2months old baby ko sa puder ng father nya na ksama family nya. Kung ano-ano nlng po kc sinasabi sken ng father nya. Then wala po kaming parehas na work. Sa mother nya lng kami umaasa ng needs ng baby nmin. Gusto ko na po sanang bumalik sa mother ko then mag aapply na po ako ng work kaya lang po baka hindi kami paalisin ng father ng baby ko. Ano po ba pwede kong gawin.? Salamat po

    15. Iza iza

      Good pm po..gusto q lng po sna magtanung kung anu po ba tlga ang 22ong batas tungkol sa child custody…at san papo ba nssakop ang anak q 7years and 4 months n po sya…mraming slmat po..sna po msagot nyu po ung tanong q ..gs2 q po tlga malaman kung may laban po ako pra mkuha ung anak q sa poder ng ex live in partner q at sa nanay nya n plit pinagkakait ung anak q sakin…tnx po and godbless

  2. Atty. Fred Post author

    ramonsd, there’s no prohibition against the proper party to file a petition for annulment notwithstanding the pendency of a petition for custody. The certification against forum shopping in the subsequent petition for annulment would most probably state the pending custody proceedings, and the latter would most probably be consolidated with the subsequent petition for annulment. I suggest you pursue to dissect this matter, with the help of other students of law, at the Bar Exams Forum.

    Reply
    1. Kimura

      we would like to talk to you and have some advise regarding this matter.
      can we have your contact number pls .
      It would be an honor to have you by our side in our battle.

    2. Jm

      Hello Atty,
      I need your advise. I have my son with me here in US. I brought him with me when je was 7. We are from Philippines. His father was not in the pic since after he turn 6 years old. My problem is, I just got my naturalization and wanted to apply for US passport. However, they can’t issue my son a passport because they need his father’s consent. How can I obtain my son’s passport without his father’s consent since he is nowhere to be found? I tried to communicate with him once through facebook but he blocked me. I need your advice atty.

    3. Maria

      Hello po atty. Gusto ko po sana hingi ng advice gusto ko po sana mgfile ng custody sa baby ko d po kmi kasal pero ung father po d pa po annulled matagal na po nafile annulment nila ng asawa nya bago pa kmi mgkakilala pero d na po nila na ff up gang sa d na po lumabas annulment nila ngayon po hiwalay na po kmi at d na talaga mgkasundo gusto ko na po kc isama ang anak ko dto sa ibang bansa kung san ako ngtatrabaho pero ayaw po nya at mgharap nlng daw po kmi sa korte ano po ba maganda gawin? Tinatakot po nya ako na iprove nya daw po sa korte na immoral ako dahil may iba na po at ayaw ko na sya balikan pero d po kmi kasal. Salamat po

    4. RUBY

      Hi atty. Nais ko lng po humingi ng advice kung ano po ang pwede kong gawin upang makasama ko ulit ang mga anak ko. 8yrs. po kaming nagkasama ng tatay ng mga anak ko ni ko sya natutunang mahalin, awa lng po ang nararamdaman ko sa kanya. Nagkaroon po kami ng dalawang anak 10yrs old at 6yrs old na cla ngayon. Akala ko po noong una matutunan ko lng syang mahalin, nagkaroon kami ng bahay at stable business ng dahil sa tulong ng aking ina. Ang akala ko sapat na sa akin kung ano ang meron ako, pero narealize ko na hindi nga talaga ako masaya sa kinakasama ko, dahil d ko inaasahan na magkagusto pa ako sa ibang lalaki na kung tutuusin may asawa na ako. D ko po inaasahan sa buhay ko na darating sa buhay ko ang ganitong sitwasyon. Pero dahil may asawa na ako pinipigilan ko po ang sarili ko na madala ako sa damdamin ko, hanggang nag desisyon ako sa asawa ko na makikipaghiwalay na lng ako sa kanya dahil gusto ko ng space sa sarili ko, dahil alam ko na makasalanan ang magmahal na alam kong commited na ako. Kinakausap ko po sya ng maayos pero d sya pumayag hanggang dumating kami sa punto na nag aaway kami dahil sa ayokong magpagamit sa kanya. Lagi nya po akong ginagamitan ng baril, tinatakot nyapo ako sa baril nya pag gusto nya akong gamitin. pinipilit nya po akong gamitin hanggang sa nagka problema ang aking ….3 beses po ako lumapit ng ob gyne, hanggang sa kinausap ng ob gyne ang asawa ko naSir,” hindi dapat pilitin ang asawa na gamitin kung ayaw magpagamit dahil may karapatan din kaming umayaw. Sa gabing iyon, sinabihan nya ako na d pa matatapos ang taong ito (it was Dec.19) mamatay tayong dalawa kaysa mapunta ka sa ibang lalaki. kaya nag decide akong lumayas dahil sa sobrang takot ko, iniwan ko po ang mga anak ko dahil natatakot po ako sa mga banta niya sa akin, iniwan ko rin po ang mga anak ko ngdahil sa mga magulang kodahil sa sobrang mahal ng mga magulang ko ang mga anak ko. Yan po ang pinakamalaking pinagsisihan ko sa buhay ko ang iniwan ko ang mga anak ko dahil sa takot at sa mga magulang ko. Almost 3 yrs na po hindi ko nakikita ang mga anak ko dahil galit po lahat pamilya ko sa akin dahil lumayas daw ako ng hindi binitbit ang mga anak ko. Tanggap ko po ang pagkakasala ko pero isa din akong ina sa mga anak ko, gusto ko ring makasama ang mga anak ko. Atty. pls humihingi po ako ng tulong sa inyo kung ano po ang pwede kong gawin ng makasama ko rin ang mga anak ko. May kinakasama na po ako ngayon atty.

    5. Macy

      Hindi kayo kasal? Wag kang matakot, pwede mong ilabas ng bansa ang anak mo. Kuha ka lng ng DSWD Clearance (kung menor de edad) para sa anak mo. Kailangan mo kumuha ng Cenomar (Certificate of No Marriage) sa NSO, to prove na di kayo kasal ng tatay. Im not a lawyer but i had that same case as you before. Good thing na di kayo kasal, hindi mo na kailangan humingi ng consent sa tatay ng anak mo para maikuha ng passport o travel clearance (given na di talaga kayo kasal ha).

  3. ramonsd

    Sec. 7 of A.M. No. 03-04-04 on THE RULE ON CUSTODY OF MINORS gives respondent 5 days from personal service of summons and a copy of petition within which to reply. A RTC (Family Court) where one such custody petition was filed gave respondent 15 days within which to do so.

    I was wondering about the discrepancy and whether or not it is merely too trivial a detail to even consider. I am of the position that the spirit of the SC rule recognizes that child custody proceedings are impressed with more urgency compared to other civil proceedings. That is why shorter compliance periods were specified.

    Is AM No. 03-04-04 still applicable?

    Reply
  4. bigfatmama

    please help me…
    my cousin had a live-in partner, they separated last year.
    they had a daughter, she’s 3yrs old now.
    the child used my cousin’s surname.
    the mother had another baby from another man that left her just before she gave birth last month.
    she’s been demanding child support.
    it worries him because the support might not be given fully to his daughter.
    she has no job, no source of income.
    and is facing several theft charges from her 3 previous landlords.
    are these considered “compelling reasons” for her to be deprived of the child’s custody?
    and is my cousin entitled for his daughter’s custody?

    Reply
    1. LLB-3

      A far as the law dictates, your cousin is obliged to give financial support to his daughter regardless if the mom already has a family of her own,the fact is that its not your concern where the financial support would go as long as your paying the support….She as the mom may use it to whatever she wants to use it as long as its for the benefits of the daughter..Give her a chance to be a mother, do not monitor her that much.

  5. Atty. Fred Post author

    bigfatmama, my dilemma is this – I’d end up giving a legal advice on the matter if I proceed to answer your question. As repeated countless of times in this Forum, we’re prohibited from giving any legal advice. There are other circumstances that should be considered, and these are matters that are properly within the competence of your retained counsel. I hope you understand.

    Reply
    1. harold

      Atty,
      Gud day po..,

      Tanong ko lang po kung paano ko po makuha ang anak ko,6yrs old na po sya namatay po ang aking asawa nung feb,dhl po sa leukemia,ung anak ko po nasa magulang ng aking asawa,hnd po kami kasal ng asawa ko,ano pong paraan pano ko po makuha ang anak ko?ano po ang mga kailangan ko gawin?
      Hnd ko po lam ang gagawin ko,sana po mabigyan nyo po ako ng aking gagawin,maraming salamat po..

    2. joanalyn

      punta ka po s dswd walang karapatan ang inyong beynan sa anak mo dahil una patay n ang tatay ng anak mo mas papaburan ka ng dwsd dahil minor p ang iyong anak yun lng po..pag hindi binigay sau pwde mo cla kasohan ng kidnaping dahil tinatago sayo ang anak mo..

    3. irene

      helo po..magtatanong po sana ako kasi may anak ako isa illigitimate po sya tapos ngayon gusto ko mag asawa nang canadian ano po bang dapat gawin kasi gusto nang fiancee ko na doon kami sa canada tumira,ano po bang mga papers na kailangan ko kasi dadalhin ko yung anak ko don..

    4. Maricon

      Hi po attorney!..OFW po ako,im seeking po ur attention to help me get my children.dalawang babae po ang mga anak ko at pareho po silang nasa ama nila. Nagfile po ako ng COSTUDY OF CHILDREN last 2014 pero sa kasamaang palad,pinili at binigay ng korte ang costudy ng mga anak ko s tatay nila. Isa pong lasinggero asawa ko po,minsan my trabaho madalas po wala. Nagdedepende lng po siya sa parents niya para mabuhay mga anak ko. Ano po bang dapat kong gawin? Do advice me po! Thank you!

  6. ryemon7650

    Just an inquiry. I’m quite confused with this line “The general rule is that a child under seven years of age shall not be separated from his mother, which is based on the basic need of a child for his mother’s loving care.”. Now, does it have to be that me and my wife should be legally separated for this general rule to apply? Or even if our marriage still exists, this general rule still applies? thanks ahead.

    Reply
    1. Chris

      I hear if married father has right if disagreement..so I belive so and its explained by other lawyer that seen this.money in couet they will not desperate but that’s if married ..I’m on this issue also.

  7. GRAZIELLA

    Hello Atty! My sister is working in Italy as domestic helper.Her 3 children are left under the custody of the father. The husband has been jobless since they got married. The couple is also undergoing marital problems. My sister wants to file custody for her children because she is also experiencing emotional blackmail from his husband.Will she get the custody even if she is not physically present to give maternal love? Does she have the right to choose who will take care of her children, if ever she gets the custody. Her eldest child is now 8 years old, but she was born before they got married, and application for legitimation has not yet been applied.please help her. Is it also possible to file for the case even she´s abroad?

    Reply
  8. bellatrix18

    My husband has a 2-yr old illegitimate son under his custody. The boy’s mother acquiesced since she’s unemployed and with 3 elder children from past relationships. I plan to adopt him. How do we go with it? I very much anticipate your reply. Thank you so much.

    Reply
  9. zweela

    Hi I have a Brother he’s 22 years old and he is married but he separated with his wife because he found out that his wife had another man. They have a son and its 2 years old now and i want to know if it would be possible that my brother could have the custody of the child. What are the chances that he can have the custody of his child in this kind of situation?

    If we go to court do we have a chance in getting the child?
    Hope to hear from you soon.

    Reply
  10. aileen1980

    hi, please give me advice… my brother is 26 yrs old now and he have 2 daughters age 5 and 4, both use my brothers last name even he did not marry the mother of the child… before the mother and the kids live in my parents house with my brother, but when my brother left to do apprentice in the inter island ship, the mother left the house and take the kids with her… we went to dswd to get the custody because the mother is having an affair to a married man and she just left the kids to her parents, the kida said they don’t eat breakfast, only their grandfather because he is the one working… then the dswd turn over the kids to us because of immorality but then they borrowed the kids and did not return so when my brother came back after his apprentice he went their to get the kids…. we have the kids in my parents house, they both go to school to a day care center and have classes in the church next to our house every saturday and sunday… my brother is in manila now and applying for his visa to work abroad and very bothered because the other day the dswd called and told my sister to bring the kids with her to meet the mother in their office… the mother make a drama there and said that we didn’t let her see her kids and she want the custody… the dswd gave her the custody because of the law. we are thinking about the kids future, what will they be when they grow up… the mother is a GRO when my brother met her, now she is still doing it… what advice can you give me? do we need to go to court to get the custody? thanks in advance

    Reply
  11. qgracie14

    Hi, please give me insight about my situation. I am married for 4 years now, living with my in-law (his mom). Every time my husband and I have disagreements, he would tell me to leave the house, telling me that I’m just a sampid, border lang sa bahay nila. The reason that I stay is because he wants the custody of our 3 year old. Ayaw ko nalang sana ng skandalo, I just want to bring our child with me. I know my rights as a mother but knowing my husband, we will just be doing tug-of-war over our daughter. I want to go back to my parents house which is only blocks away from where we live now and I’m afraid of the scandal it might create. Please tell me what initial steps I must do if the situation gets out of hand. Should I go to the baranggay, police or dswd. I want to do this in a civil way. Please help me. Thanks!

    Reply
  12. eci

    I just want to know what are the proceedings for me too have custody of my 2 year old child. My husband is an Indian but we got married in the Philippines. Now I want our marriage annulled and take custody of my child, but we are currently in Saudi Araia. Please help me…Thanks…

    Reply
  13. loveskee

    i need help… i have a minor 16 year old daughter who gave birth october 4,2008.. the father of her son is 18 years old and did sign the acknowledgment on the birth certificate..therefore..it follows his last name…… now he is demanding to have my grandson ……said that he can take him because its after his last name..he even tell their common friends of his plans…my daughter and grandson lives with me and the guy with his mother and from time to time he comes to give some milk and diapers…. they are not married……..is there a way for me to have my grandson after our last name…….. or does he have the right to take away my grandson….is there any actions i can take regarding this..please help…thank you.

    Reply
  14. ja_carag

    How long does a custody case normally last and how much would be the projected cost of one? If the info about cost is confidential, please email me at ja_carag@yahoo.com or I can send you my contact numbers.

    Reply
  15. mariacruz_1027

    Hello Atty,

    I have 4yrs old son carrying my last bf’s surname
    It’s been 3yrs now that I don’t know where is the guy
    Never had financial support ever

    Just this year I got married with a guy that wanted to take us to Canada
    My question is can I get full custody for my child from the court
    withour consent of his father?

    Thank you and I am looking forward for yur response

    Best Regards,
    Maria

    Reply
    1. Jema

      Hello good day po Atty.
      Ang tanung ko po ay, pwede po ba ako makakuha ng full costudy sa mga anak ko 5 po cla, hindi po ako kasal sa tatay nila at ngayon po ay nasa abroad ako ang lima ko pong anak ay nsa pangangalaga ng nanay ko at balak ko po na kunin na cla at dito na manirahan sa ibang bansa. Thank you po and have a nice day.
      Regards
      Jema.

    2. Julie

      Gud am pm atty. Tanung ko lng po once po ba na ngfile ako ng custody of minor child at nagrant sa akin ang award sa 5 years old ko na anak. Applicable prin po ba ung custody ko sa knya khit 7 years old na sya? Kse sabi ng tatay ng anak ko mamimili na ung bata kung san nya gusto sumama. Hiwalay kmi pero kasal at base sa agreement nmin hihiramin lng nya ung bata pero ayaw nnman nya ibalik sa akin.

    3. Zen

      Hello Atty,

      I was legally married and have 3 children. My 13 years old choose to live with his father. My problem is how can I take back my 13 years old son. He is not well taken care of his father, he is out of school, only stays/sleep in his father’s house 2 for 2 nights and the rest of the days and night is spent to a family that his father supported. My son is lavishly provided of money more than he can manage at his age, he is allowed by his father to drive car and single motorcycle in the city or anywhere without license since he is a minor. I am so worried of my son. Atty I am married to an American.

      Please help me

    4. Ana

      Magandang hapon po Atty.
      May kapatid po ako na babae ..hiwalay po sila ng kinakasama nya..may anak po sila..gusto ko po sana matulongan ang kapatid ko ngayon po ay meron na siya bago kinakasama gusto makuha ang kanyang anak na nasa ina ng kanyang kinakasama dati ayaw po nila ibigay ano po ba ang pwede namaing gawin..ayaw nila ibigay ayaw daw po ng bata.,ang bata po ay edad 9 na taon., tapos sinisiraan po nila ang kapatid ko sa bata kaya ayaw po sumama..

  16. Charie

    I adopted a baby (Note: adoption paper still on going). The baby was abandoned in the hospital w/c was t-over to DSWD, then DSWD gave it to me. my problem now is, after 9 mos of custody, DSWD informed me that the mother appreared and that she want to get the baby. But since the mother is not capable(Unemployed), her relatives want to get the baby for her. Is ders a law protecting the rights of the adoptive parents? What are the other remedies?

    Thany you.

    Reply
  17. michaela

    My husband recently told me that 2 years ago he had an affair with a woman in the Philippines when he was visiting his dying mother. The woman had a baby, but my husband is not the biological father but my husband is named as the father on the baby’s birth certificate. The mother has abandoned the baby with my sister-in-law in Manila and we don’t know where she is and she said that the biological father disappeared when she was two months pregnant. What is the legal relationship between my husband and the baby under Filipino law?

    Reply
  18. teena

    My boyfriend (the father of the child) and I broke up two months ago. For the whole time I was pregnant until I gave birth I was leaving with my x’s parent’s house. My family never helped me or gave any financial assistance. When I gave birth with my child all expenses were paid with his parents. I had c-section then and my child was premature. The bills reached 120k but I gave 20k. I was unemployed then since I stop working because of my condition. Now that we are already separated with the father of the child. They don’t want to give my son to me especially the mother of my x, since they paid a lot for the hospital bills. My question is can I get my son. With so many reasons. We are not married, the father of my son is still studying and I am working but on the birth certificate my son is bringing the last name of his father? Can I get my son? Cause they won’t give my child to me.

    Reply
  19. sqeekywipers

    I’m studying law….San Carlos. Very simple advice.

    1. Do you have financial capability….to have your own safe place….food..shelter…water…medical…clothing….neccessities for you and hte child together ALONE?

    if no….you rely on others….YOU DON”T GET IT..sorry.

    2. Do you have any criminal background or recent history of it?

    Another lost case……

    3. Anyone has solid evidence you neglected the child before or said insults to it or tried to disenroll from the responsibility?

    If so ….and its true…..even a small thing….you lose

    4. Age takes precidence in these situations

    5. Education as well.

    6. Psychological Stability

    7. Benefits the child can inherit…..education funds….insurance….land…etc…

    8. Responsibility in your personal life.

    9. If you lived at MOMMY and Daddys….you better have a good reason you can support it alone with no help.

    10. Knowledge of how to take care of a child….not emotionally….medically.

    YOU LIE, STEAL, CHEAT, ADULTORY, HIT, ABUSE, FIGHT, SCREAM, YELL, GREEDY, SELFISH, BACKSTAB, CHILDISH….etc..

    you have any of these attributes…..bad….and don’t turn your head and ignore it….your ignoring your own bullshit…and losing the case to win your child and be more responsible to raise it.

    Read this and think it over.

    I have all 1’s at San Carlos.

    so suck it.

    ANONYMOUS

    sorry for the bad spelling…im really tired and hungry from studying

    Reply
    1. quenelyn

      sir i want a piece of advice u given to me im a ofw not married and have one child now the father of my child borrow my child to my mother bit he didnt get back again my child to my mother even a call or mesaages my mother didnt have info why father did not get back my daughter now i chat the father of my child to please him to get back my child in our house and then he tell.me when houre not here the child will stay at my cuatody coz u are far fr here ur working abroad thats why ill hide the child to your family because he is the father he tell me. Accusing me abandonment even he know why am here coz its for my childs future. I dont know what am i going to do coz am so far away…please help me email me

    2. Cat

      …and you have such bad grammar too. What a shame for law students. I wonder if you’ve already become a lawyer; if so, good for you and bad for the rest of us.

  20. sqeekywipers

    also JLP LAW won’t email you or that…your all guinea pig study subjects for them…..so they can see trends and build better cases for their clients.

    don’t waste your time here.

    Reply
  21. stressedandconfused

    I have an issue involving a 3 year old girl. I am engaged to her father who shares 50/50 custody of the little girl. He gets her every other week. The mother has been in and out of her life since she left the little girl at age 3 months. Since then it has been the mothers dad who takes the little girl on the weeks that the mother is supposed to have her. The mother is a stripper at a club out of state and she only sees her child when it is suitable for her schedule. Which means she only sees her 2-3 times a month. The mother is also constantly living with different people average she usually is with a new family or roommate 1 a month. This is very frustrating to me because I care for this child with her father and I am seeing many psychological issue in the child developing because mommy is not around. These have since gotten worse since I had a baby myself. What options are available for the father to get custody since she is so young. Everyone agrees that it is best for the child if her mother we to be consistently involved. But since the mother chooses not to be we are stuck with where to go next. The mother will not give up custody for pride issue as it has helped her get into some families home to stay by saying she has a daughter.

    Reply
  22. glecynie

    Atty,

    good day!

    i just want to raise my concern regarding child custody/parental authority. it so happened that i and my husband had a 5-month old daughter (at the time of this writing) and this time we agreed to separate and being clarified in front of the Consul at the Philippine Embassy. this time, his mom (OFW) requested to see the baby every vacation and so as his father (OFW). i just want them to be fair with me because for the past 4months, my daughter’s father is only sending less than 10,000php for the baby’s support.they did not even thinking of the my parent’s effort in taking care of our daughter, because the baby is with my side (i am also an OFW).i also have a burden this time because i am sending my sisters to school and i also have my daughter who is born out of wedlock.it is so unfair for me, from teh fact that i gave my husband’s freedom (the separation,even if it hurt me, except from marrying with other woman,bec. we are not yet annulled til this time because of lack of funds), because they wanted the child to be with them during their vacation (she is their first granddaughter). it is so unfair bec. the father did not even have the zeal to give more than 10,000php a month considering that her daughter is still months old? do we have any grounds for these? i have a little knowledge about child custody, but it is so unfair for me. we talked before we get married he will take care of the baby’s expenses and support her,bec. he knows about my situation.and now he is not doing it? i am still burdening half of our daughter’s expenses and now they are asking us to let them take care of the baby during they vacation. that is so unfair,right?

    please do give advises about this matter. maybe i can have more advises from you in connection to this concern.

    thank you.

    glecynie
    glecynie@yahoo.com
    gl

    Reply
  23. rstranger

    My wife has filed a case on child abandonment 7 yrs ago. Can I proceend with the annullment case or should we settle the abandonment case first?

    I have consulted some lawyers and some of them says I can proceed with the annullment and some of them say that the abandonment should be cleared first.

    Reply
  24. agylo_1523

    I just got separated, I have 2 kids (6 & 7 yo). I caught my husband having an affair. Mistress has sent me a letter and made the confession. Right now, I’ve decided not let my husband see my kids. I don’t have plans to make it permanent I just needed the time to move on knowing that I have the full attention of my kids ( i know its selfishness ). But I am also afraid that they will take them away from me.

    Am I violating anything here?

    Reply
  25. mistahburn

    Hi, I need your help.. Me and my soon to be fiance would like to get married but she has a 3 year daughter, the problem is I am a US Army soldier and I would like to take her and her daughter with me back to he US, the problem is I dont know if the father of her daughter is gonna let her take the daughter with us back to the US? Is this gonna be a problem? if it is what do I need to do to solve this problem? Eventhough the father haven’t really been doing anything to help support the daugther, my fiance is actually the one supporting the daugther without the fathers help financialy.. please help me..

    burn

    Reply
  26. andrewP

    atty please give me an advice with my problem we had a daughter but were not married but the child is using my name. i heard that she is married right now and plan to go abroad and leave our daughter with his husband and i heard with her cousin that they are planning to change the name of my daughter. what action can i do to get my daughter with me.

    Reply
  27. mary

    Good Day atty.

    im researching at net when i found your site and catch my attention. im in really need of advices here. its all about the custody of my child who is just 3 yr old and turning 4 by august of this yr.

    Here how it goes:

    Im presently working as a customer service representative at a call center industry and i just got regularized last month.

    I have a kid, id stay at my inlaws since 07/2006 (before i gave birth) until 01/05/2010. i went home to my privince to give birth but i didnt go directly to my inlaws place because the father of my son and i were not together anymore or were not already in good relationship. however, when his family got the news that i was there to gave birth of their first “apo”, they came with me and said that their son (father of my kid) said that they should get me from the house and should stay in their place, and said that everything is ok and settled.

    Mw and my son stayed at the province until he’s 1 1/2 yr old then moved here in manila. My ex and i wasnt communicating at all for 2 yrs. he always ignored me, he always get updates to het mother regarding how the baby is. At that moment, he got her gf, but i ignored it hoping that we will be fine again for the sake of our child, but it didnt worked out.

    Now, i decided to left their palce, pursue my work here and manila and left my kid at my mothers place. My inlawas wanted to get my kid, theyre saying that i cant take care of my kid, since im here in manila and he was there in my motheres palce, they said that they all have the right to take care of my kid.

    They wanted to o file a petition for the custody of my kid.

    My ex husband/bf (if you call it husband/bf) is in Saudi. We have an agreement that since they also leave there in the province, my kid will stay with them for a week and also a week at my moms place. And by june, i will be enrolling my son at a day care center nearby the house and i let them know that when that time comes, they can only have/borrow my kid every weekend which they refused, they still wated to have the kid with them for a week.

    I’m im just fighting for my right, and wanted then=m to respect my decision, but they didnt want too. NOw they told me that we will just see each other on the court for the custody of the child. (my kid)

    I really need your help for this situation, my kid is under legal age, and i want him to be at my mothers place while im working here to support all his needs.

    pls email me at mary_torio30@yahoo.com

    Im looking forward to have a response from your good office.

    Thank You!

    Reply
  28. tambos

    pls help me.. i need your advise
    my husband left us last 2008 and went home to their hometown for a reason that he is asking me for a break in our marriage “meaning he wants to be free from decesions whom actually he is not doing it for 17 years in our marriage.Meaning he did not do the decesion making he is totally dependent to me and sometimes try to shoot me with his gun or try to commit suicide in short he has a suicidal instinct for almost of his family are insane and suffering from alpsymers disease and we have an adapted daughter which is 12 years old now.after he left he doesnt send us any support otherwise on the first year he left us,i supply him always for a load just to call us.he left us with a bundle of financial pressures whom our business was totally collapsed and i declared total loss and my daughter had stopped from her schooling in a certain international school whom i can not afford already to pay her tuition fees.I keep on asking his help but no response up to this moment.Last dec he called up in the middle of the night and told that he is going to get my child thru dswd whom he will put my child according to him since i am living now with my driver whom he is the one who helped me in my debts and support us during his absence…in short i am now pregnant….now he is threating to kill me which in fact for almost 2 years he left us i always asked him where he will comeback and he answered nothing and totally did not mind of any financial obligations to us.also he told me that he will issue a warrant to both of us with my partner now…what shall i do?can he get my daughter or what?on the otherhand can he sue us?how about my coming baby?hope you can give me advise..tanx ill wait

    Reply
  29. am

    someone help me please.. i have a seven year old son and i want to change his surname into mine.because the surname he is using is his mother’s lastname.. i almost have the reqiurements for RA9255. only his mom’s valid ids. she said that she is willing to cooperate for the change of our son’s lastname.. but it seems nowadays that she is busy i dont know whats on her mind… once she gave her photocopy of her valid id’s i will submit the requirements as soon as possible.. but the problem is once ive submitted already those requirements, the last step would be the interview or the appearance of both of us. (mother and me the father). what if she didnt come for the interview? what would be next? please help me i feel so hopeless for changing the lastname of my son. the mother of my son is changing her mind so manytimes.. i dont know if she still want this to process.. my son is never been so close to her because of her fault not communicating with my son. she’s gone for so long like 5 years. i only want to change the lastname no morethan that. please help me i feel so hopeless.

    Reply
  30. janszell

    Do we have any right or slightest chance to claim a custody to my brother’ sons custody even if they are under 7 years old?

    Reply
  31. Jonel

    My daughter is more than one year separated from her husband. She and her two children (8 y.o girl and 5 y.o boy)are staying with me, but last month my daughter went abroad for work to give her children a brighter future. Now, I want to ask if how can I secure the children in my custody. What legal matters can you suggest to me?

    Reply
  32. mhe

    Hi, please give me insight about my situation. I am legally married for 7 years now, but separated (not legally) from my husband for 1 year. My husband found someone and they live together now. I have one child age 7. He is a member of the PNP (PO1) here in the Visayas. We have already an agreement in front of his Chief. Enough na ba ang agreement namin or i still need to go it legally or notarized it to the lawyer? I have a copy of our agreement but the problem is, hindi daw siya bibigay ng suporta sa akin dahil ako ay may trabaho anak lang daw ang susuportahan niya, tama po ba ang sabi ng husband ko? Can i ask a support kahit na ako ay may trabaho? Tsaka ngayon lang po ako nag demand sa kanya ng iniwan nya kami. Last April 3,500 lang ang ibinigay niya dahil marami daw cya utang at may loan pa cya. Ano po ang magagawa ko? Another, just an inquiry “The general rule is that a child under seven years of age shall not be separated from his mother, which is based on the basic need of a child for his mother’s loving care.”. How about child seven years of age or over? Ano po ang patakaran? If the info is confidential, please email me at imeldauman@yahoo.com Salamat po.

    Reply
  33. shiela1009

    Hi, need some assistance regarding the custody of my child. She’s 7 yrs. of age and will be turning 8 this year. His father and I was not married. I want to know how can i Get my child from him.

    The story goes like this….

    When I gave birth to my daughter the father was not there and didn’t want the child, so I didn’t put his name on the birth certificate of the child instead it was N/A. and when his parents learned about the child when the child was 8 months old, they start supporting the needs of my child and sometimes they asked me if my daughter can sleep over in there house. Things goes well with my child’s grandparents, and her dad start’s to take his responsibility to the child. and at age of 2, his dad got married and since his wife cannot have a child they treat my daughter as their own, which is so nice of his wife. I have no problem at all with his wife.

    His wife told me that her husband’s family have documents of my child and they were able to bring the child with them for vacation outside of the country. Which is i know all about this, but since their family is more well off than my family i didn’t say anything and keep my silence. she even told me her in laws have passport and birth certificate of my child under my child grand parents. But they said it’s only for passport use. so i ignored.

    And when my child reached the age of 5, I have to work abroad and leave her with her dad’s and stepmom’s care, but my family was still there to look after the child. for straight 2 years i was working but still have constant communication with my child.

    And now that I got married, my husband (diff. nationality) to bring the child here and be in our custody which is we know she will be better with us. (her dad and her stepmom is now having problem with their marriage w/c affecting my child)

    How can I get my child, with our current situation? (her dad dint want me to bring my child with me and live with me and with my husband) what are the action I can do to get my child’s custody? Thus verbal agreement can be a problem?

    Reply
  34. stephen

    Hi Atty. This problem is killing me. I’m so depressed in my situation and I feel I’m losing my mind if no one could help me. Here’s my concern, Me and my girl friend had a 4 yr old son because of money issues, I am forced to live with my girl friend’s family to be there with my Girl friend and my Son. It was also agreed with her parents that my Girl friend and son will live with them until she passes the CPA board exam. I have stayed there for 4 yrs. Her mom’s a wealthy millionaire business woman. She told me that she will help support my Son while I can contribute to some basic needs since I’m not earning much in my work.

    This is what happened last week we had a fight with my girl friend, her mom is getting involve in our decisions and made me left the house. She doesn’t want me to see my son. She also treating me like hell comparing me to his friend’s son who likes his daughter. She’s also threatening me about my Son that I wont be able to see my girl friend and son anymore. She said ” inanakan mo lang ang anak ko” Di mo yan asawa at di ka nya pede pakasalan! My son is using my family name and I’m not married with my girl friend. Do I have the right to at least borrow my son? We are allowed to talk over the phone but disallowed to meet him. I’ve reconciled with my girl friend, we don’t have problems anymore regarding our relationship. What can I do with my in-laws? I want to see my Son, does my mother in-law have the right to decide for my girl friend and my son? Im 31 yrs old and my girl friend is 24. Fortunately she passed CPA yesterday. Please help me I need to know what my mother in-law can do. Please mail me at sjeanjaquet@mobius.ph . Thank you and God Bless.

    Reply
  35. Muncey

    Hello
    My fiance’s family is in a crisis. Almost 2 years ago my fiance’s uncle left his illegitimately born baby girl with my fiance’s mother (his sister) and father. The mother of the baby abandoned the infant with him. The babies father is very poor and could not feed the baby. So he gave the child to his Sister (my fiance’s mother) and her husband, who could raise the baby. They have raised this little girl since before she was one year old, and she is nearly three now. This month the biological mother of this baby filed a claim that they kidnapped the baby and must return it. She also had my fiance’s uncle (the baby’s father arrested on abuse charges) My fiance’s mother lives far from the place the baby came from, and would have to fly there to return it, but cannot afford to go right there right now.
    I have read a lot of the law and think maybe the biological mother has lost her claim to the child… I do not know if she has the financial means or emotional stability to raise this child.. but beyond that after nearly two years with no report of a missing child and no financial support… has she not forfeited her rights as the mother?
    Do we have a case to fight? The emotional damage to the child would be great, My fiance’s mother is the only mother this child knows.

    What would it cost for legal help?

    Reply
  36. RiaBellini

    Hello Atty,

    I have the same problem like Maria. I have a 3yrs old son who is carrying his father’s name though we are not married. I never receive any financial support either after I gave birth.

    I now live in France, married with a French and for me to be able to take him and live with me , I need an authorization from the father, a full custody. My son is under the care of my parents since I left, while me and my husband take care of everything he needs , and so as the papers.

    When I talked about this with the father, he doesn’t seem to care and told me without him , my son and I can’t be together here in France. After few days , he asked money in exhange of his signature and cooperation. I saved all the conversation we had but don’t know exactly what to do.

    Should I just give what he wants in order to process all the papers or am I protected by law in this kind of blackmailing?

    What is the good way to proceed? I am a mother and my son needs me.

    Reply
  37. aphrodite9093

    Hallo!! good day!!!

    I just want to know. Where can I get a copy of a law or court statement or written document, that describes annulment in the Philippines? I have plans of leaving for Netherlands and will bring my minor daughter from previous marriage, but I was obliged by the immigration bureau there to produce a written document describing annulment procedures in the Philippines, so that I wont be needing a consent from the biological father who never supported my daughters ever since. In our annulment case, child custody was not discussed, ergo I had sole custody of them, since the biological father never showed any intention of supporting them all the more get custody. Now, that my minor daughter needed a consent from the biological father so she could be granted visa to the Netherlands, the biological father did not cooperate. So I was told to produce such document to prove that my annuled marriage means that the marriage has not taken place. My marriage was annuled on the ground of psychological incapacity between both parties. Reading your previous blogs left me confused between annulled and null and void. So I need more documents to support my case. I hope you could help me find such documents.

    Thank you and more power!!!

    Reply
  38. grayf0x

    Hello atty. and any else here, i am posting at this site since
    i really dont know anything in regards to legal issues about child custody.
    I seek advice for my predicament.
    I am a father of a 3 year old daughter from a mother who was then my
    girlfriend. Although we did not marry, we lived for more than 3 years
    as a happy couple. I still love her and my daughter but last year
    she decided to marry a more financially capable American citizen man. Although I’m just a regular Filipino trying to make ends meet I am doing what i can to provide for my daughter’s needs such as education and the like. My primary concern is how can i contest my custody
    to my daughter, I know for sure that I’m in a difficult situation since my ex and I are not married, I can understand if this will not make a case, but the fact that my ex will take my daughter with another man to another country to live there permanently is strictly unacceptable for me.
    I appreciate any comments and advices to my post. thank you very much and good speed to all.

    Reply
  39. ayla19

    hi,i am married to a norwegian and he had a 4 year old son to his ex gf.the girl had a previous job here.she gave birth their son here and the child is norwegian citizen,my husband loose his son for almost a year now,the mother had a holiday in philippines together with their son.before my husband ex gf had a holiday in philippines they had agreement that the girl and the child only stay there for 3 weeks but the girl didnt come back..my husband supporting the child eversince..until now the girl keep asking financial support for theirtnx child..my husband keep sending money even the mom dont want to show up the child..my question now is ,is it possible that my husband get the parental custody since the mom is not able to give the child a good future since she is jobless?and beside the child is norwegian citizen so he is belong in norway and there is a better future for the child here..hope to hear from u soon..

    Reply
  40. johnnie.lim3

    i have a problem right now…i am 22 y.o, single but have a son…i am employed and 3/4 of my salary goes to my son’s needs…since my son enter this world her mother left him w/ my family, we never let my son lived in a no mother idea…my mother always texted his mother to visit her child but she always making a visit maybe once every 3 mos…all the needs of the child is carried by me and my father..and as i discovered she is having an affair w/ others w/c is her rights, but i also discovered that she is employed but her job is at night…i also discovered that she is frequently drinking…using some marijuana..and many more…now she texted us that she wants her son back to her costody..i cant helped but fight for my sons right and costody..bec i know that he will having a miserable life under her mother costody…please helped me have an idea if i have a right to fight for my son costody..thank you

    Reply
  41. lei0224

    hi atty,..i’m a mother of two kids,..their father and i got separated almost 2 years ago and my brother in law told me that his brother was already living with another girl,i’m fine with that issue but the problem is for almost 2 years i was the only one supporting the kids is there any way i could ask for a child support even if he keep on saying he do not have a job?he’s so much fit to work but i was wondering why up to now he still doesn’t have one,..my only concern is that next year my youngest will be going to school already but he does not even bother to regularly pay for the school service,..i could do something about it but i know it’s already unfair that he is the father and he do not even exert an effort to help for the kids financial concerns,..

    Reply
  42. winelight

    My fiancee needs to prove full custody of her 9 year old daughter to US Immigration officials for the daughter to receive a K-2 visa and join her in travelling to the States. My fiancee was divorced from her Filipino husband in Australia… and she currently resides there as a student. Her daughter is in Manila. Her ex-husband in the Philippines cannot be located (still her husband by Philippine law of course).

    (Note: I am fully aware that her divorce is not recognized in the Philippines…so she will process the K-1 and K-2 visas outside of the Philippines. I assume it is best for the child to be outside of the Philippines prior to the K-2 being placed in the child’s passport?)

    Specifically, can DSWD issue a custody document to my fiancee for her daughter…especially when the husband is no where to be found…or will she need to go to court? I’m sure US Immigration will accept whatever documents are accepted by Filipino authorities regarding custody…I just don’t want her to have go to court as she cannot stay long if she must return to the Philippines for this matter. If she can work directly with DSWD over the course of 2-3 weeks to get a document that proves or grants her sole custody…this is no problem for her to initiate with DSWD.

    Is this a matter on which you can give your always knowledgeable and well-articulated advice…or will this require professional assistance?

    P.S. – I have reason to believe the father of the child subjected the child to abuse within the last year. I am not sure if this makes the case for DSWD easier to decide…or if it is still something that would have to go to court?

    Reply
  43. Ryan

    Dear Atty. Fred

    I need ur advice before going to far. I’ve searching the net for a week now for some article regarding my situation. so here it is, Me and my so called ex wife are seperated for 2 years and Im filling up an annulment this year. we are both working out the country and we have a 4 year old daughter and she’s with the mother of my ex wife which is in the Philippines. Since were married, my daughter is under my name but when we got seperated some circumtances happened such as i can’t bring my daughter to my house to be with me everytime i went home for vacation and this is once in a year or two. in this case, my relatives nor my mother can’t be with her once in a while and my mother was out of the country also for most of the time. eversince we got seperated im still giving out support to her by sending money(15 percent of my net income – which i read on other article) and even paying for her school and medicals. but because of the situation, i recently stopped, i know it was wrong but what they’re doing is wrong either. i want them to realize my point in this situation. i know that under seven years old the child must be with her mother, butsince we’re both outside the countries, i want my daughter to be with me if i was on vacation, let say saturday and sunday as my she’s going to school by weekdays. as i said, before everything went wrong, i want your advice!! What are my rights in this situation? what are my options? i don’t want to file a custody as of now as i myself is out of the country most of the time and don’t want to make things worst for my daughter. all i need i time for her to be with me once in while..my ex wife hometown is Pampangga and i live in Laguna..travelling from day to day is not practical..my ex wife and her parents allowing me to visit my daughter but not allowing to be with me in my hoouse..

    Please help me!!!!

    Thank you very much and looking forward to your reply..

    Regards

    Ryan Jeffrey M. Atong
    rjatong@gmail.com

    Reply
  44. gau

    Hello Atty,

    I have a 1yr6mos son. His mother and I have seperated and she has him. I would like to have sole custody of him due to the fact that i can provide my son’s needs better. Do I have a case? looking forward to your reply.

    Thank you very much!
    Gau

    Reply
  45. sharynbrn

    Hi sir my brother separated with her wife last october she just left at home together with their 2 kids because shes telling that my brother has mistress..after a week they signed an agreement to the barangay office stating that my brother will give an allowance of 2000 a week, that their children will study in private school until they will finish college and he will provide everything for them…but my brother has an income of 10000 kasi mekaniko lng nmn siya only at ngaun gusto niyang mgrenta ng bahay sa pasukan kasi daw malayo ang school ng mga bata…..at ngaun hingi siya ng hingi ng pera s nanay ko kasi kakaalis lng ng kuya ko puntang saudi…..my brothers ex has no work shes just sitting umaasa lang siya s padala nmin coz me and my sister is working abroad we are willing to help our nephews but we think shes abusing us…is there anything we can do for it…please reply

    Reply
  46. bing25

    Atty,
    i was married for about 6 yrs and i have a 6yr old son.My husband and i were separated because of pambabae nya.the problem is hindi regular yung support nya para sa aming anak.please help me what should i do?
    Thank you and God Bless!

    Reply
  47. SHARLENEPANGAY

    IM SHARLENE VENDAL..IM ASKING ABOUT THE CHILDREN OF MY BROTHER ALREADY DEAD..MAY BROTHER HAD 3 CHILDREN ELDEST IS 7 YEARS AND 8 MONTHS OLD,SECOND IS 5 YEARS OLD AND THE LAST ONE IS 2 YEARS AND7MONTHS OLD.MY CONCERN OF THIS IS THE MOTHER OF THIS CHILDRE IS HAVING AN FAST RELATION WITH IN 1 MONTH AFTER MY BROTHER DIED.AND MY BROTHER DIED LAST DECEMBER15,2009,BUT IN MONTH OF JANUARY HIS WIDOW HAVING AN INSTANT RELATION BUT IM NOT AGAINST FOR HER BECAUSE THAT IS HER LIFE MY CONCERN OF THIS IS ABOUT THE CHILDREN WHICH IS MY NIECE AND MY NEPHEWS.WHEN THE MOTHER OF THIS CHILDREN HAVING A RELATIONSHIP I HAVE MANY INFORMATION THAT HER MAN LIVING WITH IS AGAINST TO THE CHILDRE.AFTER A MONTH MY BROTHER WAS DIED SHE LEFT AND BRING HER ELDEST DAUGHTER TO TACLOBAN CITY AND 2 OTHER CHILDRE LEFT AT HER PARENTS CUSTODY.AFTER HOW MANY DAYS IVE KNOWN THAS SHE HAD ALREADY A LIVE IN PARTNER AT TACLOBAN BECAUSE HER RELATIVES TOLD ME ALSO.ONE DAY THE RELATIVES OF BRELITA THE MOTHER OF CHILDREN.TOLD ME THAT THE CHILD SHE BRING AT TACLOBAN IS NOT IN GOOD SITUATION BECAUSE HER LIVE IN PARTNER DONT WANT THE CHILD.SO SHE LEFT AT HER RELATIVES HOUSE HER CHILD A 7 YEARS OLD CHILD A GIRL.WHEN I KNOW THE SITUATION I WAS FINDING A SULOTION THAT MY NIECE CAN GO BACK HOME HER TAGUM BECAUSE IM VERY MUCH WORRY ABOUT IVE KNOW.WHEN THE CHILD GOT HER I AND MY SISTER HELPING THAT THE CHILDREN CAN GO TO SCHOOL. SO THE 2 CHILD GO TO SCHOOL ..WE SUPPORT AND TAKE CARE OF THE CHILDREN.WHEN SHE LEFT HER.WHEN TIMES THAT THERE HAVING A PROBLEM IM HERE TO SUPPORT THE CHILDRE ,SO I TOLD HER PARENTS THAT THE CHILDREN WHILE STUDYING ARE LIVE WITH ME SO THAT I CAN MANAGE CAREFULLY FOR THE CHILDREN..A FEW MONTHS PAST THE MOTHER GO BACK HOME HERE AT TAGUM..SO I MADE A DECISION THAT THEY GO BACK TO THERE MOTHER SO THAT THEY COULD BONDING…BUT A FTER 2 WEKS I RECIEVE A NEWS FROM THERE RELATIVE THAT SHE WONT GO BACK TO TACLOBAN AND LIVE WITH HER LIVE IN PARTNER BECAUSE HE CANT ACCEPT THE CHILDREN..BUT IN A WEEK SHE FIND ANOTHER MAN AND WITH IN A FEW S DAYS OF METTING SHE LIVE IN AGAIN AT THE HOUSE OF THERE PARENT..
    SO THATS WHY IM VERY MUCH WORRY ABOUT THE FUTURE OF MY NIECE AND NEPHEWS.THE MOTHER OF THIS CHILDREN HAVE NO WORK AT ALL THEN THE MAN SHE LIVE IN TODAY IS A GAMBLER AND NO WORK .THEY LIVE AND PLAN TO GETTING MARRIED BUT THE MAN HAD ALREADY A PAST RELATIONSHIP A WIFE AND HAVE ALSO A 2 CHILDREN.THEY TOLD THAT THE MAN IS PROMISE TO ADOPT THE CHILDREN..BUIT HOW HE CAN GIVE HIM A GOOD FUTURE FOR THE CHILDREN THAT HE EVEN HAVE NO WORK HE DEPEND ONLY IN GAMBLING..
    THATS WHY IM ASKING YOU SIR AND GOOD ADVICE BECAUSE WERE PLANNING TO ASK CUSTUDY FOR THIS CHILDREN..IS THERE A POSSIBLE THAT THERE IS A CASE FOR THIS..IM WORRY FOR MY NIECE AND NEPHEWS.
    THE TRUTH ALSO GRANDSPARENTS OF THIS CHILDRE IS ALREADY 64 YEARS OLD AND NO WORK DEPENDENT FOR THE SUPPORT OF THE CHILDREN..
    IM WORRY ABOUT THE SCHOOL AND FUTURE FOR THE KIDS …IF THE LIFE STYLE THEY HAVE IS VERY UN DESCENT..

    Reply
  48. J-ANN

    hi atty i was amaze with your site coz i really need your help so badly. Me and my husband been married for almost 2 yrs now but last january he started to physically and emotionally abuse me til the present. we still leave together but due to what his doing i cant take it anymore i want to get out of our marriage and get the sole custody of my son. we were always playing tug-of-war in terms of my son custody. my son is 1yr and 5mos.my husband kept on threatening me that he needs a court order in order for me to have the custody of my son.I have a current job which is a flight attendant and my husband is a call center supervisor.pls help me atty. I wish you can email me your advices and what move should i take first order to get the custody of my son.thank you very much atty.

    Reply
  49. jamea

    Hello Atty.

    i have a 3yr old son to my ex live-in partner and she is not allowing me to visit my son.is there any legal way to get my son custody or to exercise my right as a father?

    Reply
  50. ragingmom

    Dear Sir,

    I would like to ask your advise regarding my helper’s problem.
    Ann, at 16 yrs of age was forced by her mother to marry a guy,21 yrs of age. They stayed together for one year and was pregnant when they separated . Only the mother -in- law knew about it. Her mother asked where her child was because she intends to give the child to an aunt. Ann told her mother that she had a miscarriege. She actually gave birth to a girl and asked that the child be taken cared of by the aunt of her husband. She went back to her husband and she again became pregnant, separated again and stayed with her mother who collected money from her husband for check up and for her delivery. Ann gave birth to a baby boy and again left her son to her husband because she went to work as a helper in another town. She sent money to help support the second child. Her mother took the child from the father and began collecting money from both Ann and the father. Ann’s mom would demand for financial support both from Ann and father and would
    present prescriptions for medicines , would tell them the child was hospitalized when in reality was not, would ask for money for baptism of the child when the child was already baptized and many more demands for money using the child as the reason for such necessity.
    Ann’s history:
    She was given to the manghihilot as payment for
    services rendered when she and her twin were
    delivered. An aunt learned about the incident,
    looked for Ann and took her when she was two months old.
    She was raised and sent to school by her aunt. At age
    ll, her aunt died . Another Aunt took care of her in
    Cebu.At age 14, her aunt again died of cancer and she
    stayed with her cousins. She ran away because she was
    physically and verbally abused. Shelooked for her
    mother at age 16, but was forced to marry a guy she
    barely knew. She says nothing against her father except
    that he is a drunkard and claims that her father did
    not /does not know about her mother’s activities. Her
    mother is often out of work because she is “palautang”
    and gambles. Her mother sometimes does not go home for
    a day to attend to her gambling activities. She leaves
    Ann’s child under the care of the other children.
    While Ann is with us, she would demand for money two
    to three times a month leaving Ann penniless and
    threatened to get Ann back if she could not collect.
    Ann desperately wants to get her child back to the
    father who has the capacity to raise the child
    properly. She does not like to go home because she wants
    to earn a living so she can also help support her
    little boy.
    What are Ann’s rights, atty.
    1. She is only l9.
    2. Her mother is combative
    and scandalous.
    3. Ann’s husband and mother-
    in- law do not like trouble
    but are very much willing
    to raise the little boy.
    4. Ann gave her husband
    custody but her mother
    took the child away.

    Please help Ann.

    Reply
  51. samlopezjr

    The child is with his father and wants the costody of the child of 2 yrs old. Does the child remian to his father until the court rener judgement or will the mother have the right for temporary costody untill such judgement be rendered?

    Reply
  52. tina_marie

    hi atty.,
    my brother had a baby with her girlfriend, the baby carries his surname even though they are not married. our family is taking care of the baby ever since he was born.we did not get any financial support from the side of the mother. now, the mother of the baby left their child in our care because she cannot stand the rules in our house.she said that the is leaving for the sake of her child. she had her first child with another guy and her son is in the custody of her grandparents. i think she is an irresponsible mother because she left the baby in my brothers care about three weeks ago and up to now she hadn’t even visited him. considering the fact that she always see my brother at school, she dont even have the effort to ask how is her baby. by the way their baby is just 3 months old. our problem is, do we have the right not to give the baby to her when the time comes that she will get him from us? what could be our grounds for the matter because we want full custody of the child. thanks and God bless.

    Reply
  53. abdul

    i hav a 3years old daughter. her mom left her with grandparents coz she left d house almost 15months. she is not supporting her. its been 15months, that she is not taking care of my daughter, neither supporting financially nor giving her time. she visit once a month or once in 2months.
    WE ARE UNMARRIED.
    my daughter has my name as a family name on her birth certificate.
    so, i want to know, if i can take my daughter along with me to dubai or pakistan. coz i cant visit twice an year. i left my daughter to her mom, coz i know a child needs MOTHER, but since Mother is not supporting her, I HAVE NO CHOICE, BUT TO TAKE HER WITH ME.

    I know mothers always has advantages towards a children. So, Please guide me the best legal way with complete rights as being a father to a daughter.
    THANK YOU.

    Reply
  54. miwa

    good am,. i have a question, i have a 1 year old son and I am currently studying, I’m a 4yr college student now, I am also working to support my financial needs, we are separated by my son’s father, but I left him with my son so he will be the one who will take care for me, the problem is he wants to have the custody of our son, but we have this agreement before that after I graduated I will get back my son. what should I do?they wanted me to stop in school so that I can take of our son, and work as well,. thank you so much for the reply!!

    Reply
  55. najel46

    hi,

    i am married for 5 yrs now and wanted to have my marriage to be annulled. I am aware when this happens, the custody of our children will be mine. Just want to know if there is something that i can do so that my husband WILL NOT HAVE ANY RIGHTS on my children. rights such as VISITING RIGHTS etc?

    hoping for your quick response.

    Thank you!

    Reply
  56. najel46

    Hi again…

    Another thing, can i change my children’s last name to my maiden name? i am pregnant right now. can i use my maiden name to my child once he is born?

    Reply
  57. angeL.3angeLs

    hello dear attys,

    i have three kids po already..
    i had my 2 sons on my first husband but we’re not married due to some circumstances and that because me asawa na po at mga anak ung taong un, but they are not married..
    my first son sa guy n un ay nakaapelyido po sa akin but acknowledged by his father.. my eldest son was born, dec 24, 2003..
    second son to him po ay unknown ang nakalagay n father pero sya rin po ama. he’s 5 now at birthday nya po ay july 2, 2006..

    then i met my second partner.. i had my only girl with him..
    she was born april 28, 2009..
    we weren’t married..
    but s birth certificate ng anak kong girl ay nakaapelyido sa akin at naka-acknowledged naman ung guy..

    meron na po silang sariling buhay..

    my question is, may habol ba ako s sustento para sa mga anak ko kase po from the time n iwanan nila ako ay wala sila ni singko naiibigay at ni minsan ay di sila dumalaw..
    si mama po ang bumubuhay sa aming mag-iina..
    wala naman po ako magawang maitulong kay mama kase wala ako napag-aralang pormal..

    can you help me po??

    kung wala n po akong habol, pede pa po ba ipatanggal ko ang name ng father sa birth certificate nila at palitan ang name ng kids ko?
    just incase maghabol sila at the end e wala na sila habol..
    tutal e baka wala na akong habol..

    thanks po.. hope you could help me po.

    Reply
  58. shana2010

    atty, ask ko lang po kung pano po simulan ang pag petition ng full custody ng bata. simula po kasi ng buntis ako hanggang manganak at mag 2 years na ang bata wala pong support ang ama nya may sariling pamilya po yung nakarelasyon ko at hindi na po kami nag kikita. nag asawa na po ako ng italian at gusto po nya makasama ko pag alis ko ang anak ko. kaso kailangan po ng consent from other parent. nung nakontak ko po ang ama ng anak ko hinihingian nya po ako ng pera para papayagan nya na umalis ang bata. yung surname kasi ng anak ko ay sa ama nya inilagay ko po kasi sa BC ng bata ang initial ng ama nya kasi natakot ako dati sa tatay ko kapag nagtanong sya kung sino ang ama. pano po kaya ang gagawin ko? sana makatanggap po ako ng sagot.

    leamae8@yahoo.com

    Reply
  59. jing

    Good Morning..my Wife is in Japan for 2 years now…we’ve been legally married since 1997.. my two kids ages 7 and 3 respectively are with me since she left for Japan to work.. although it was a very sad situation for our family, but we had to accept it for the future of our kids.. but lately, we where having issues and arguments about rumours which my sister in law had started about my fidelity… although it was never proven, still my wife opted to side with her sister when i confronted her… this made my communications with my wife cold… Now my situation is this.. my wife is asking me to let our kids take a vacation with her parents and sisters in Cavite… saying if i do this and patch up things with her family, she would forget about everything and resume communication with me… i love my Family very much and i take care of the kids very well…and would very much like that everything would be better for all of us with my in-laws too…but the problem is i DON”T TRUST THEM…i’m thinking that if i would allow my kids to take a vacation with my in-laws, they would stir up things again with my wife and would not return the kids back to me… Please help me with my predicament… can they take a hold of my kids even if it is the wish of my wife who is abroad?… what is my right as a father to my children having this situation?… please enlighten me…thank you very much

    Respectfully,

    Jing Santos

    Reply
  60. rex

    My ex wife has a live in partner .They keep on fighting what ever reasons are. My main concern is, paano kung kumampe ang anak ko sa mama nila at magsakasakan sila.its iether ang anak ko madesgrasya or yong partner nya..but I know one of the reasons are, she still keep going to casino (ex wife ).even my child support allowanceswas been sacraficed and tuition fees .They often left at home sometimes no food .She just extorting money from me.can I file a case for my full children custody?even if im here working abroad?..Please help me .

    Reply
  61. kimchee

    Hello good morning atty. im kim 22 yr. old 5 and half pregnant soon to be single parent this coming august. Ask ko lang po is it possible to get any financially support with my 1 and half ex live-in partner who is father of my upcoming baby. Alam nya po n sya ang father ng baby ko.But My problem was i had financially prooblem during pregnancy and i never undergo pa po check ups coz of financial. Can i file case to him thanks po!

    Reply
  62. kimchee

    Hello good morning atty. im kim 22 yr. old 5 and half pregnant soon to be single parent this coming august. Ask ko lang po is it possible to get any financially support with my 1 and half ex live-in partner who is father of my upcoming baby. Alam nya po n sya ang father ng baby ko.But My problem was i had financially problem during pregnancy and i never undergo pa po check ups coz of financial. Can i file case to him thanks po!

    Reply
  63. meroy

    i have a 3 yrs old daughter with my surname but we are not married with the mother, is there a chance that i can get the custody of my daughter since her mother cannot support my daughters needs since she doesnt have any work at all?

    Reply
  64. Dela Cruz

    if a minor 14 yrs old is in the Philippines but a US Citizen,
    is any of the minor’s relative has the right to take custody/ guardianship to the child, even if the brother who is in USA Prison appoint someone else and not the NIECE

    The brother wanting to bring back the minor in USA with the help of a family friend whom he trust to take care of his brother as they have known more than 40 years but the NIECE /relative is opposed and kept stopping to let go of the minor.

    The Mom of the minor has 2 Uncle – brother of their Mom is willing to let the minor travel to USA to be with the family friend but the niece kept holding not to let go of the minor and process all the benefits of the kids without hte persmission of the brother neither of the 2 Uncles.

    The minor is US Citizen who was left in the Philippines

    Can the niece do that by Philippine law?

    how can we report this issue so the niece will surrender the child and all the properties /estate of the parents of the minor.

    Reply
  65. Alvin10

    Please give me an advice. I’m currently working abroad and I want to have full custody of my 7 years old son. He’s turning 8 this november. he’s been living with my aunt with my full support in Leyte for the past few years. Now he is in manila for vacation so he can be with her mother for some time. My x girlfriend never had a job, she has 3 small kids (under 3 y.o)other than my son from her present partner. They live in a small room with very bad neighborhood. My son is schedule to go back to leyte on june to resume study but my x girlfriend is now refusing to give my son back to my aunt. please give me an advice on what I need to do to have full custody of my son. Thank you very much.

    Reply
  66. mickmick

    hi atty good day,

    i just want to know if i can file a case against my husband we r not separated as of now but soon maybe, he is an OFW he works in a ship his income when onboard was almost 120k we have 2 kids he gave monthly 30k for the monthly support of my two kids but recently he told me that he can give 12-15k a month for the support this is because he is on vacation for the reason that he had a health problems that’s why he cant work, can i file a case on him with that issue? thanks godbless

    Reply
  67. SOTNEM

    good day atty.,
    I have 2 kids 8 and 10yo. and I am separated with my wife my 2 kids was in their mother. the question is can I win the case if I will file a case for the custodianship of my 2 kids? scenario is I’ve enrolled my two kids in a reputable school in our place and I am giving my monthly support to my wife for my kids. I want to have the custody because my wife is not sending my kids in the school anymore and when my kids are here with me i saw that their mother was not taking well care of them. she doesn’t help the kids to do their homework, their nails are long and so on and my wife are planning to transfer the kids in public school. Can I win the custodianship?

    Reply
  68. bheagonzales

    hi, i need advice. i have a 6 year old daughter and she is turning 7 on april. she is now living with my ex boyfriend, her dad. I want to get her because we have dispute of my ex about the child. i cant see my daughter now and its hard for me to see my daughter because her dad making excuses every time i ask him to get my daughter.I’m just a college student and dont have job yet. my daughter is studying, i cant support her financially for now. my fiance has filed for fiance visa in USA. I want to get my child. what do you think i can do? how much is the lawyer? i am very eager to get my daughter, pls email me. thank u so much

    Reply
  69. bheagonzales

    hi, i need advice. i have a 6 year old daughter and she is turning 7 on april. she is now living with my ex boyfriend, her dad. I want to get her because we have dispute of my ex about the child. i cant see my daughter now and its hard for me to see my daughter because her dad making excuses every time i ask him to get my daughter.I’m just a college student and dont have job yet. my daughter is studying, i cant support her financially for now. my fiance has filed for fiance visa in USA. I want to get my child. what do you think i can do? how much is the lawyer? i am very eager to get my daughter, pls email me. thank u so much bheagonzales10@yahoo.com

    Reply
  70. dadao

    Hi Atty,

    I have a son who just turned a year old last month. The boy has been with me since he was 7months because his mom has no time to take care of him and was still much into night outs with her friends and often leaves the the baby to her mom and dad who both has hypertension. She has been jobless for 3 months and just relies on me for child support in which I know is my duty and responsibility as the father of the child. My question is, is there any chance I can get full custody of the boy knowing that his mom is incapable of providing him proper love and care both financially and emotionally. I am really in need of your help. I really love my son and it hurts me to leave him on their side. Thank you.

    Reply
  71. eimee

    Hi,

    Can any help me?
    Im confused right now.
    Im 3 years married now but we decided to end our relationship (but not legally). I fell in love with someone and im sure he’s in the same page too.
    Im afraid that just in case, he’ll use that reason for getting my child’s custody.
    Question is:
    Is it possible for him to get my child’s custody if he discovered or by any chance appeal in the court?
    What can i do with it?

    Reply
  72. douiff68

    i am 44 years old and resides in iloilo. i had a three year old female sibling out of wedlock… i had custody of the child since a week of age up to the age of three (3)… in the entire three years my family had full support of the child’s need while the mother left for abroad to work… upon her arrival she borrowed the child and without any permission brought the child to manila. when she came back, i had her summoned to the DSWD and we ended up on agreement that i would have a visitation right where i can bring the child to my house during saturdays and sundays… lately she had denied me of my paternal/visitation rights. she is now unemployed…. can i legally claim for child custody. pls shed light on some legal options… I love the child and i don’t approve to the way she cares for her as they do not have a good household condition, and that the child has been with me since birth.

    my email address is dudefrancisjeff@yahoo.com

    Reply
  73. pavitz025

    good am.these question is in my mind is bothering me…i am in relationship with girlfriend which happened to be a single mom and she’s not married to her ex…she’s has a 3 years old son….her ex keeps on texting annoying words everyday…different words which i thought causing my GF to much stress and pressure…her ex is threatening her to get there son. . .what should i do…her ex has no permanent job…i need advice?

    Reply
  74. avylumiares

    Hello Atty:

    I am married with my husband but my husband’s work is in the middle east i have a boyfriend now and have a daughter with my boyfriend, what can i do he want the custody of my child which is one year old I have a job too, he only gives items he did not give money for me eversince im pregnant with his daughter ..

    he wants the custody which is for me i will not allow it because he only visiting philippines once a month and he abandoned me when i am pregnant please help me for my problem he said that he will file adultery because were married….

    Reply
  75. alexiscelmo

    Hello Atty,

    I’m Jeffrey, an OFW, and i have a 7 year old son. My problem is that, can we, my parents, have the full custody of my son, since his mother was not with him. My son was in my parents custody since I have to work abroad. Me and his mother was not married, and i have no idea where she was for almost 3 years now.
    I am worried that she will just take him away after all this years that she is gone…
    please advice…
    thanks

    Reply
  76. cmgruba

    Hi Attorney I would just like to ask about my rights as a father of my 14 month old baby. I know that there is a rule regarding the full custody of the child to the mother until she can decide once she is 7 years old. Our agreement is to provide the custody of the baby to me, until she can recover since her two elders are already studying. Her situation is that she is living with her parents together with her 3 children near the house of her drug addict, the elders from two different guys. We work on the same company. My salary is always higher than her. I provide all the needs of my baby and she does not want to let me borrow my daughter. She also brags that she used to raising her children without a father so it’s like she’s pushing me away from my kid. Bottom line is what rights do i have for my kid? and is it possible to get her customer. I’m lookng forward to receiving your reply.

    Reply
  77. cmgruba

    Hi Attorney I would just like to ask about my rights as a father of my 14 month old baby. I know that there is a rule regarding the full custody of the child to the mother until she can decide once she is 7 years old. Our agreement is to provide the custody of the baby to me, until she can recover since her two elders are already studying. Her situation is that she is living with her parents together with her 3 children near the house of her drug addict uncle, the elders are from two different guys. We work on the same company. My salary is always higher than her. I provide all the needs of my baby and she does not want to let me borrow my daughter. She also brags that she’s used to raising her children without a father so it’s like she’s pushing me away from my kid. Bottom line is what rights do i have for my kid? and is it possible to get her custody. I’m looking forward to receiving your reply.

    Reply
  78. rshine27

    atty. I am recently staying at my boyfriend’s house to oversee and take care of the bills. They have a kasambahay who recently passed away. She has two kids staying with her, both are girls ages 8 and 9. She started working as “taga-laba” but on the 21st of December 2012, they decided to let them stay at home with the kids. The parents of my boyfriend left for Canada on the 23rd of December. I moved in temporarily on that same day. My bf is also working overseas, so they ask me to stay at their house for the meantime. The kasambahay works up until 2.30pm because she also works as a sweeper in the barangay. There was no written agreement of her employment. But she receives a regulary salary of 3k per month. After a month,, their kasambahay passed away leaving the 2 kids behind. I tried to talk to their old neighborhood but no one can pin point where the kids’ father is or any relative for that matter. The parents of my boyfriend paid for everything. But since I work at night I decided to talk to the neighborhood association that my kasambahay belongs to if I can let the kids stay with them, knowing that the person who will take care of them is the bestfriend of the kasambahay who is very much willing to take care of them. Right now, I am asking for the assistance of the SSDD. However, one of the adviser in that office ask me if there was a written agreement which allows the kids to stay in their custody. I have no idea of the boundaries of support that I can offer them since I am the only one who stays in my bf’s place. I do not want to be accused of anything, that is why, I would like to get your opinion. Aside from that, I have learned that there is a quezon city ordinance that requires the kasambahay to be registered and be given philhealth and sss. As much as I know the kasambahay has a philhealth and sss which I think was given by the barangay. In effect there are two thing I am very concerned about, the kids custody and the benefits that should be provided to the kasambahay. I would appreciate your immediate response for I do not know what to do. Kindly email me at rshine27@yahoo.com

    Reply
  79. secret0225

    gudday po! ask ko lang po ksi gusto ko na po makipaghiwalay sa kinakasama ko di po kmi kasal at may 1 po kming anak 2 taon wala po kasi sya syang trabho at madals pa po nya masaktan ung anak nmin andto po ako sa ibang bansa uuwi po ako ng march payag daw po sya makipag hiwalay pero sa knya ung anak ko! di naman po ako ppayag ng gnun sa parents ko po sya nakatira ngaun pagnagaaway po kami lagi nya sinsbi na ilalayo nya ung anak ko ano po ang dapat ko gawin desidido na po kasi ako makipaghiwalay sa knya!!tnx po

    Reply
  80. psenados

    hello atty. hi atty, please give me insight about my situation. I have a son, me and her mother is not married,
    today my son is at isabela luzon, and her mother is at manila muntinlupa and i at cebu.
    what happen is that her mother worked at SM hypermart then leaving our child at her parents custody.
    and I as a father i always support them with my salary every 15th and 30th of the month, what happen is
    that her mother go to manila so that she can provide her parent and our son then as a father i begg her to give our
    son so that i can provide him since her mother is away at our son but she don’t want to give our son
    also his father oppose not to give our son cause they think his grandson will be brainwash by us,
    then her mothers lastname is changed by her middle name so her mothers lastname is her mothers lastname.
    is there a way that my child will be in my custody since her mother is away. please help.thank you.
    plsenados@gmail.com

    Reply
  81. batteredwife

    Atty,

    Greetings,

    I’m married for 4 yrs, Got married last 2009, one week after, I gave birth to my daughter, after 5 months,I found out that one month before we got married is He’s having an affair with his co-worker,before I knew it the girl was visiting my daughter in my house giving things, after few days, I tried to check my husband’s phone and I’ve read that they’re fighting and he confessed and asked for forgiveness that they are having an affair. we even went to Makati, which his Grand Mother’s house is located , which he stays because its near his office, and to find out that the Girl is already staying and renting a room. the 3 of us talked about the situation, and my husband promised me that he’ll put up an end on what they have, he decided to stop working then I decided to work, we had a small fight that ends up with bruises in my face and body, then he left with my daughter, for 6 months that I haven’t seen my daughter because he wont let me, we talked about our problems, and I asked for his forgiveness even It’s not my fault, then his friend told me that my husband and his mistress still have a relationship, the girl is texting me to surrender my husband to her because he doesnt love me at all. so I talked to my husband and then he asked for forgiveness again, after that, he accused me that i’m having an affair with my co worker, which is not true, there is someone who liked me but i refused, my boss liked the guy and when the guy confessed to her that he liked me my boss talked to my husband and tell everything that isn’t true, 2 yrs of not seeing my daughter because of his father’s condition that if i force to see my daughter he will not let my parents visit their grand daughter. so even its hard for me I accepted. I found out last year his mistress gave birth, and they stay in one roof with my daughter, my parents regularly visits my daughter and coming out in my daughters mouth they found out about my husband’s mistress, not only that they even brainwash my daughter’s mind that if she sees me she must run away because i will hurt her, good thing about this my parents is building me up. and my daughter still knows me, last year, I met this guy which is my partner in our business he told me that he likes me and i have the same feeling. we have this relationship for a year, can I still have the custody of my daughter, would it be charged for abandonment even my husbands condition, and before he told me that he will file a case which is adultery, even when he is the first to have a mistress. and now they have a child, can i file a case for concubinage? can i also file a case of violence against women. because he’s hurting me physically. I really want to have the custody of my child legally but my husbands has the capabilities to hire someone then kill me, or even himself, and also he was deported back here in the Philippines because he was in prison for 3 yrs because of the case illegal possession of drugs and firearms. can this situation helped me for having my daughter back?. please I need an answer.

    Thank you for reading.

    More Power!

    Reply
  82. vicky faith

    Hi,
    I have an 8 eight year old daughter and I’m having problem with his father. We’re not married and been supporting my daughter needs when we separated in 2009. He wants to get my daughter’s custody but he doesn’t have a job. Her mom will be supporting my daughter. My problem is, I don’t want to give them my daughter since because he don’t have a job and he never supported her daughter financially. Can I have the full custody of my daughter?
    Thank you very much…

    Reply
  83. rachel

    Hi, good evening!
    I am a mother of three kids. I must admit that my kids came from different fathers. But I don’t have any problem with the father of my youngest. As well as with his family. They love us so much. And they even accepted me for having three kids. I have been striving hard to raise my kids with support coming from the family of my youngest. When I am at work, i leave my kids on my sister’s care but of course I have to pay her Php 3,000 monthly.
    I recently resigned from my work in one of the Top Companies in the Philippines because I was offered a job overseas. I know that I could give a brighter future for my kids if I grabbed that opportunity.
    The time came that we had a fight inside the house involving my sister and mom. I left our house and took my kids with me. But a few days later, they were already chasing us, to get the custody of my kids. The consulted SAN PEDRO DSWD, that eventually decided to give my siblings and mother the custody of my kids which I think should not be like that because they have not yet consulted me yet. They even abducted my kids on the day that I reported for work. Meaning, I was not there and they were with my In-Laws care. They did not even filed any report on the Barangay that should handle it since it happened in that Barangay’s jurisdiction. My sister even threatened me that if I will fight for my Rights, she will be forced to use her own lawyer and seek help from Vice President Binay which I find very absurd since I am the mother of the kids and I was the only one who struggled hard to raise my kids. They are not even giving me the right to be with my kids for a couple of days in a week. They will just let me be with my kids for a few hours and would harshly ask to return my kids at once. I am suffering so much because of what they did to us. I miss my kids so much. Please give me a legal advice so I could be with my kids without any barriers. They are also not capable in supporting my kids because they are just dependent with my father who happens to be an OFW. They have a three-wheeled motorcycle that is the only source of their income. But legally, the motorcycle is under my name, though they are the one paying for it. They would not be able to get that source if not because of me. I wanna fight for my kids because I am certain that I am the only one who can support my kids unconditionally. Please give me some advice. I have a proof that I was paying my sister to take care of my kid whenever I am at work. So I dont think that she really cares for my kids like what she was claiming. I wanna fight for my kids before I leave the country.

    Reply
  84. chloesarte27

    I just want to ask … I am a teacher and I was accused of Child abuse (although what I did was just tap with 2 fingers the mouth of a 12 year old because of his non-stop talking. the problem they accused me of letting him eat chalk !!! so not true !! I even have a witness that I didn’t do that !!! They added the story to make me terrible !! ) . Anyway , the case is ongoing. My real scenario is … My marriage is on the rocks .. what if my husband ran away with my child ( 2 years old ) … Will I be able to get the custody even though I have ongoing case on child abuse? please help me I’m really bothered that the case may effect my custody … …help!!!!

    Reply
  85. anke

    Hi Atty,

    Please help me
    I have a bf whose got a 3 yrs.old son from his ex partner, they have been separated for 5 months and now my bf is gone back to Philippines to sort out the matters but his ex partner took their son to her province so that he won’t be able to see him. My bf wanted to see his son and thinking to get a custody from their son as his ex partner is unemployed and unable to give all the needs of their son without her parents support. My bf went to Saudi to earn for their living but ended up with nothing. Apparently we have an emails from his ex that whenever she goes to attend a drinking session with her friends she always takes the child with her as no one can look after him. There was also several emails coomunication from his x partner committing suicide while the son is on her care. There was a case that my bf lost his second son from the same girl because of her deliberate carelessness, base from all the people who witness it she deliberately punch her tummy and drank some alcohol and strong medication even asking small children to jump on to her tummy just to get rid of the child in her womb. My bf’s siblings tried to barrowed the child from his ex and promise them that she will let them see the child but no action has been taken from her side. My bf supports them financially since he left the contry until last January just to teach her lesson but before then there was no communication and effort from her bringing the chld to my bf’s family. He wanted to see his child but he doesn’t know where to start and to find them as his ex partner is no longer getting in touch with them unless she wanted some money from my bf. Also, my bf doesn’t want to go to their province because he’s been treatened by the brother and the rest of her family that whenever they see’s my bf they will kill him for breaking up with his sister and cutting the financila support.

    Reply
  86. Josh

    hi Atty

    I have a child born out of wedlock, after my daughter was 3 months old i left the Philippines to join the U.S army. ever since i have left philippines i have been sending my gf and child at least $800 a month to support them. while being in the army for 2 years, because of being away physically our relationship has been terrible. I have tried everything and visited them as much as i can. I was reading the articles above and it states that Article 213 of the family code gives the mother custody unless the court finds compelling reasons…

    the mother has never worked, not even once for the whole time my child was born. is this sufficient to grant me custody due to me supporting the both of them all this time?

    i also saw the immorality, what exactly is grounds for immorality?

    my child also has sever asthma to the point where my child is unable to talk lasting for a day to a week. although my child is sick during the nighttime hours the mother leaves home to drink with her friends. can this be an issue as well?

    Thank you for your time

    Reply
  87. quincy

    Sir, can i ask for a psychological test for the mother of my nephew before giving her the baby? She wants the custody of the child but we are hesitant because she has harmed my nephew once, but a grave one, he was hit at the head while he is still one month old by a door. She also harmed my cousin, the babys father, wuth a knife. Now she want her baby back, but insisting a child support from nanny to th. the babys food and clothes and diapers. Plus she threatens my aunt who has a weak heart. What can we do to win the child custody? The father and the baby hadnt done a medico legal when she had hurt them.

    Reply
  88. lawstudent88

    I’m a foreign law student and have been asked for some advice. I am not able to answer. Perhaps you can help me out.
    A father (Jordanian) of an illegitimate Philippine child is seeking to obtain custody of said child. The father does not currently live in the Philippines and would also not after obtaining custody. Is there any possibility of him obtaining custody of the child. (I believe that the mother is unfit to take care of the child and has two other illegitimate children from previous relationships.) What are the chances of this man gaining custody of his child. And what is the procedure that he would have to follow? Please any help is highly appreciated.

    Reply
  89. Lucienne Mariz

    Hello Atty,

    Good day!

    My brother has a 3 year-old daughter out of marriage but the child bears his name in her birth certificate. In the past my brother lived with the mother of the child and her family and she allowed my brother to bring the child in our parents’ house every other week without her. But recently they decided to separate and my brother is staying in our parents’ house now but my brother is giving support to the child still. The problem now is after separation, the mother of the woman does not allow my brother anymore to bring the child and stay in our house even just for two days. My brother is just asking to be with the child every other two weeks and for two days only. But that LOLA only, is making it difficult for my brother to be with his daughter because she does not want to be away with her apo even just for a day. Please advise us. What can my brother do? The mother of the child does not let my brother borrow the child for a while because her mother tells her to do so. By the way, the mother of the child does not have work and is only supported by her parents. Please help. I pity my brother so much now and the child because she feels very happy when she is in our parents’ house because she can play and stroll around well unlike in the mother of the child’s house where she gets to stay only inside the house the whole day . Thank you so much and more power!

    Reply
  90. pips_fernandez

    Can the Mother who is not married to the Father take their daughter who is under 7 years old outside the Philippines and live in a different country without the signature of the Father. If it will go to court, can a Judge have the authority to make a decision to allow the child to go to a different country with the Mother without the Father’s written consent?

    Reply
  91. dimple

    hi .. i need some advice. i have 2 sons they are 2 and 4 yrs old. im a single mom. my 4 yrs old son is with me but my 2 yrs old son is with my father , their grandfather. im leaving for abroad .. i want to secure my rights for my 2 yrs old son. my father and his new wife is planning to late register my son to his wife name. is that possible!? what i need to do!?

    Reply
  92. Jane

    Hi, I am just wondering how are the proceedings of have the full child custody? I have 2 children, 10 & 11. Currently we are in Norway. I am not married with the father of my children and we have separated our ways long time ago. I have been beaten emotionally and physically by that man and he doesn’t support my children either. My children are using his last name. Is there any way that i can have a full custody of my children?

    Reply
  93. roannegp

    Hi Atty. My husband has a son before we got married he was 2 yrs old then and was still able to see his mother. He is 9 yrs old noee, and he has not seen his mother for 7yrs. We would like to apply for a passport for him but his mother was a no-show in the two instances that she agreed on personally coming as she is required by DFA given his son is a minor. How do we go about this? Appreciate it in advance.

    Reply
  94. aubrey

    hi atty,

    i need your advice if you can help me. i am a mother of 4 child, two of them are below 7 years old. currently am not employed since i have decided to stay at home since last year 2013 in order for me to take care of my children, but have been working for the past 2 decades. we are currently staying in our conjugal house, and my husband is working abroad. there are a lot of occasions that i caught my husband with her girlfriend and he admit it totally and not denying it. but even though the situation is like this, we are still together. just recently, i really get tired of him and i told him that i wanted to get out of marriage. but even though i wanted to get out from our marriage, i still cannot leave my kids and we are still living in our conjugal house, but has no intentions to be with him anymore. he doesn’t want to file annulment either. now he told me that we wanted to file a custody case since it is me that wanted to get out from our relationship, and he is provoking me to leave our conjugal house. just recently, i fell inlove with someone, but i cannot decide to go with him since i cannot leave my children behind, and i know that my legal husband will not let me take all of our children. but between me and my boyfriend, nothing has happened yet because i am also hesitant to leave our house. is there a ground for him to file a custody case against me, and take away my rights from my children. and if i have a boyfriend now, but i dont want to go with him, can he make use of this as a ground for immorality.

    thank you atty and i hope that you can give me a answer to this.

    Reply
  95. acorpuz

    Hi,

    I have a 2 month old baby, born June 1st. I had been in a relationship with the father for almost 4 years but had been verbally abused the whole time. i had the idea that i will not give his surname to my baby but was threatened that if i do so he will not pay for the hospital expenses. after a month that my baby was born, he decided to leave us, i was wondering if there is any way that i could remove his name from my child’s birth certificate?

    Reply
  96. ariana

    helo aty.need help ung anak ko po 6 yrs old na xa ngayon nghiwalay po kmi ng dady nya pero galing po naisip ko sake nya pra sa future nya pumayag ako na iwan mo na xa sa custody ng dasy nya.pero ang ate ng dady nya ngsuport ng anak ko nun pero bumibigay po aq kunti pra sa bata hindi ko po pina pabayaan obligasyon ko until now..gusto ko po sana kunin anak ko pra mabantayan ko po talaga maipakuta ko po love ko sa knya dun ko po ipastay xa sa mom ko at ako ay mg abroad mkukuha ko po ba ang anak ko?kasi ung lola nya mama ng dady niya ayaw ibigay pero alam nla kung nsa akin ok ang bata ung anak nla prang walang pkialam independent p sa kanila…help po atty..salamat..

    Reply
  97. jessy

    hi i have concerns about my son and daugther..after 8 years na sa iisang bobong kami ng partner ko i decided to separate from him and hindi kami kasal gusto ko lang sa akin ang mga bata..ngayon po hindi po niya kaya financially gastusan lahat ng needs ng mga bata so heto ako sa abroad at nasa mama ko ang mga bata. pero ayaw ko na mkipag sama sa kanya..ano po ba mabuti neto?? please help po ano po ba dapat kong gawin dadaan ba kami ng attorney for legal custody kasi sure ako kukunin niya ang boy ko..hindi nman kami kasal..ang boy ko 7yrs old this year at 4 yrs old ang girl ko

    Reply
  98. JOHN SMITH

    If you would like to post a comment of your personal experience in the matter, then please feel free to do so… If you want all your legal problems resolved in a “blog” then good luck to you in your custody battle or issues because you obviously cannot afford a lawyer.

    You are all blasting your personal lives on the internet expecting that a lawyer who gets paid hundreds of pesos an hour to advise others will feel sorry for you and reply back.

    Thank you atty for your feedback here. People pay money for advice on the very things you have provided here. Sadly, for the culture here, no one respects the fact that you are doing them a favor by educating them on these facts and the fact that you still have a job which is to advise.

    Even as a foreigner in a custody battle of my own, I understand that these individuals have no respect for education, usually because of the lack thereof. I don’t have to worry about the understanding of this statement as you will understand and they will not. Simple fact is that you are doing the public a service and you owe nothing to those requesting free help.

    This is not an ego boost but just as lawyers need to be humble at times, freeloaders also need to respect education and the money it cost to become an expect in your field.

    Take care sir and thank you for your article/blog. It was highly informative.

    Reply
  99. ELLEN

    I am working in Dubai for the past 5 yrs, my 21yrs old daughter is also here for more than a year. I left my son in the custody of my husband since then. Now my 11yrs old son wants to live with us & leave his father for some reasons. According to him, his father is having an affair with other girl to the extent of bringing her home & sleep in the same bed with my husband in the presence of my son. Can I get the custody of my son without the need for court hearings? Please help me.

    Thanks,

    Reply
  100. riza

    I have 2 child but both of them use my surname.kun sakali po b my mgiging karapatan ang mga bta s mga pag aari ng kanilang ama?I have a affidavit of acknowledged from the father of my child, na pingawa nya s cityhall (PAo) thanks …

    Reply
  101. amie

    Atty.FRED

    hi,good morning.I have a legal problem about my niece.When my sister died around 2006 her childrens were only 2 yrs and 5 mons old.After her death my brother-in-law decided to go back in his parents house and took his eldest daughter and leave the youngest to us since he cannot take care of her.After he left…he left us everything ,the oblgation on raising my new born niece.He doesn’t even bother to give financial support…and now my niece is already 8 yrs old and he was threatening us that he will take back my niece…DO WE HAVE THE RIGHT TO FILE COMPLAINT AGAINST HIM?My niece surely doesn’t want to live with her Daddy,and so am I…hE IS working abroad and I don’t want my niece to live with his step mother not knowing how she will raise her.

    Reply
  102. Clarinne Nicolas

    Good day! Me and my husband got are both unemployed since I am just 19 and he is 21. I am currently living with my husband’s family, having them provide for our son’s needs. If it happens that me and my husband will separate, can I take the child with me? He
    is currently 3 months old. Thank you!

    Reply
  103. Josianne

    I don’t understand where the answers are to all these queries. I have my own query, but I’m wondering what the point of submitting it is if no one replies to it. Do you send the replies privately?

    Reply
  104. Ann

    Hi i need some advice im working here in abroad and i have a son who living in ky sisters place to take care my son while im here but i have a chance to stay here and i can get my son is that possible i can bring my son here even without his father consent? Thank you..

    Reply
  105. raymond

    i am a foreigner , living in a Philippines for 6 years and had a relationship with a Philippine woman.We never married but the relationship brought 3 beautiful children, 6,5 and 3 years old. I work overseas and on my when return,she was living with another man and the children were with her mother. Drugs were her problem. I lived in her parents house with the children for nearly one year. Eventually the police apprehended her and her boyfriend on drugs charges. The DSWD and the PNP gave me custody of the children and i went to baguio, and stayed there for 4 months, filing for full custody.Unfortunately i needed to go back to work overseas and had to give her back the children, due to the laws here. I am paying 30,000 per month in support for the children. I love the children so much and want them to be with me. At the moment its not possible for me to visit them due to her BF going to jail for drugs and gun related crimes, his family looking at me as the cause!!!

    Reply
  106. Ruffa

    Hello atty! My sister in law gave birth yesterday. Shes not married with my brother. They are so young. Shes only 18 & my brother is 20. I paid the medicine in te hospital before my sister in law goes to delivery room yesterday and her parents & siblings didnt even give any anount of share. Theyve never even visited their daughter when she was pregnant but now they went to the hospital earlier to pay the rest of the bills which only cost 5k so they can take the their daughter & her baby home without telling us. My sister in law lives with us for a longg time and they never visited her even once but now they wanted to take them home. My brother and her live in partner are not married but what are the rights pf my brother to his baby? My brother is working in a restaurant. Im also working. My eldest brother is working as well. My sister in law’s family doesnt have work. They cannot afford to raise the baby and give its needs. But they wanted to take the baby. I wish you could help me. Hope to hear from you soon. It will be very mush appriciated. Thanks a lot atty. have a great day!

    Reply
  107. MIchel

    my wife and i separated almost two years we have child who is 8 years old my mother in law is the one who take good care of her while me and my ex wife have a job i am only take a visit of my child when i”m in day off as a father do i have the chance to gain the full custody of my daughter i”m still the one who take all school expenses of my daughter.

    Reply
  108. Bryan

    I am a overseas worker before I went abroad I still support my daughter needs my mother visit her all the times and my daughter always at the neighborhood living because her mother always abandoned her We are not married we are only live in she don’t have a job until now she married to other man and get pregnant and still she wants the support of mine i don’t want like this I want the custody of my daughter is it possible because the Dswd and one neighborhood of us working at the barangay they make document,that they don’t want to give my daughter I feel that they want making money for support can you help me so that when I go home I know what to do..

    Reply
  109. Bryan

    I forgot to say that the family name bringing of my daughter is mine and she want to change it without my permissions and also I still support my daughter needs until now…please give me advice what to do help me I really wanted to get my daughter and give her a good life…good future

    Reply
  110. mau

    good day,i have a 2year old kid from my previous bf,he is illigitimate child carrying my surname.im the only one supporting him since the father disappeared leaving us while i was still pregnant of the kid.nothing heard anything from him since then.now i am married to a foreign national and had already lodge a visa application for me.later then,my husband wanted to take him with me if ever i left the country permanently.im from philippines.i wanted to know if i will need to get a court order for the kid in order him to be able to come with me at the same i will have to,if chances will be good at us since i cant see no relatives i can trust much to look after him very well and it is in his best interest to be with me as he is just 2 years old.as the mother of the child,do i need to apply for the child custody or if not what do i need to show to the immigration in order for them to allow me to remove my child in our home country?and if i do need to get a court order what are the process and how long it will take what are the required documents?i am seeking advise and i found this website as i browse the internet.i hope you can help me thanks god bless!

    Reply
  111. darina

    hi gud pm just want an advice…my husband has a 2 kids on her ex girlfriend we want to see the kidsbut the mother always come with us in such a way that the kids are not recognizing their father because of the mothers act..when we are going to fetch the kids the mother also want to come..can we have a custody to the child or do some contract about the custody of the two children? we want to get the two kids from her because she cannot perform her responsibility because her work is very far in their house…the two kids are always left with her mother…their house used to be gambling area…all i need is for my child to have a great future..what advice can you give me?

    Reply
  112. klara

    Bellatrix18

    Ano na nangyari sa situation nyo? I have the same situation, please help also Kung nasolusyunan nyo na. Ano steps ginawa nyo? Thanks

    Klara

    Reply
  113. Jenny

    Hii have a 2yrs old son myhusband has been jobless since we got married. We are also undergoing marital problems. I wants to file custody for my sonbecause i also experiencing emotional blackmail from my husband.Will i get the custody even if im not physically present to give maternal love? Does i have the right to choose who will take care of my children,

    Reply
  114. Jezieboy

    Hi,

    I want to help my brother regarding his problem. He is a seaman, he’s on board the ship right now. The thing is, he has a child (Turning 8yo on 01/06/15) and a wife (Not legally married). Last month, the wife’s sister (who was living with them then) messaged me through facebook that the wife lets a man sleep in their rented room two times. The room is not that big, maybe around 10 square meters and no divisions inside. As what the sister said, the man was the wife’s supervisor on her previous job. This is not the first time this happened. During my brother’s previous contract, the wife sent a text message to me accidentally, a message intended to a man who accompanied her somewhere, saying that the she was happy she spent time with him (The text message has been deleted). What are the grounds that we can get the child’s custody? What should we do? Your response would be greatly appreciated. Thanks.

    Reply
  115. Brett

    Hello I am writing from America. My fiance received her annulment last year, she has been separated from her ex for six years. We met five years ago, she has a daughter who is in her custody (legal) her age now is 11 years old.Last week my fiance received an approval for a K-1 and K-2 visa to come here with her daughter. My fiance plans on leaving the Philippines with her daughter but not telling her ex. I am sure there is a legal protection there in the Philippines, for the parental rights of the father? if you could provide a simple answer or give a path of direction I should make her follow about this I would greatly appreciate that help. Thank You

    Reply
  116. twisted

    Hi Atty.,

    My sister and his husband is in a separation by their words. I’d like to ask what if the both parties didn’t give their financial support? What should I do. The custody is in me.

    Many thanks.

    Reply
  117. clariz

    This is for my Tito who wants to get the full custody of his 3 child. They are not married the background of the girl was not good. The mother left her 3child to my Tito after 4months the mother filing for custody.and she won but my Tito knows that it will be better if the 3 child was in his custody because the mother don’t have the work to fulfil all the needs of his children, and only work she knows was dancing in club dating guys for money,and terms of environment were the children grow was not that good due to the family background of the girl,the work of the siblings of the girl not suitable for the children because they worked at the club,the mother of the girl was a gambler,and the father has recent history of illegal drugs,and now the mother was having unafaire to a lesbian and the lesbian leaves at the girl house.and now were thinking that the only reason why she wants the custody is because of the financial support that she can get to my tito is that good place for a 3 child to grow as a better person someday.and now were thinking why the mother wants the full custody because of the funancial support that she can get to my tito.what will be our first move to get the full custody of his children.

    Reply
  118. maria

    Hello Atty.
    Good day! I am married with 2 children in the USA for more than 4 years ago but separated now for almost 2 years. I left this year to work abroad, but before that me and my children was living at my old parent’s house. My mother basically taking care of my children while I’m looking for a way to feed my kids. The first year of my separation my husband moved back to Germany to work (he is German) but unfortunately he has no luck. He maintained his company here in the Philippines but for almost two years there was no business coming in. This year he got a break, and now back to his feet. This year, before I left to work abroad he promised to get a place for him.and the kids but my condition that my mother will be with them to look after my kids while I’m working abroad. And this happened May this year, but I’m already awa, working abroad. 2 months ago he told me that he want to moved to Germany with my children and also he will take my mom because he knows he can’t take care of our children on his own. I also live and working here in Europe now, for me it’s an advantage at least they will be closer. But a month ago he asked me to come back to the Philippines to do our daughter’s passport in german embassy. At the moment, I can’t file for leave just because he wants me to come back. The passport process will take weeks and I can’t do that. He said if I can’t go back to do it then he will file a full custody of our children and he asked me to sign it. Of course I said no, I told him that he has to wait for next year until I can have a vacation from work. He still proceed mto the process and days ago I got a draft xerox copy. My mother is worried that the court will grant him the full custody because I can’t do anything about it because I am not there. Is that possible? I didn’t abandoned or neglected my children, I have to work abroad because he is not supporting me in the Philippines and he doesn’t want me to have the kids and support us. He wants the kids for himself alone and for me he is using that so I’ll be back to him. I don’t know what step I should do, I hope you’ll be available to help me in these complicated matters of me. Thank you very much

    Reply
  119. drix

    i have a 5y/o son, hes mom is planning working abroad. she want to leave our son under her live in partner. is there any chance i could get the custody over my son? were not married but my hes bringing my surname. we split because of her finding another guy.

    Reply
  120. lynnare

    I had a child turning to 5 yrs old,and she is carrying the surname of her father..i left her to her father for the seek of her future i go work as ofw..im not married to her father until i found out he has another woman and have a child too..Can i get my daughter custudy on behalf of my father? Even without my presence there in philippines?

    Reply
  121. clare

    hi,

    My younger sister with her 2 years old daughter force to live near her husband mother in law’s house, were the environment is so disturbing they live in a very small house with neighbor’s thin walls apart, my sister starts to feel uncomptable due to luck of privacy and security then as of now it causes her insanity, what she only wanted is to move to a different house far from the mother in law’s house but husband refused and every time my sister plans to go to my mom’s house to have peace of mind her husband wont let her bring the child they keep on saying na ” sila ang naghirap at gumastos sa bata magkakamatayan daw if kinuha yung bata” that causes more pain and insanity to my younger sister, i know that my sister has the rights according to article 213
    but we are afraid that his husband might do something bad if we will take the child he just wants the child to stay on his mother’s house, please help what should we do? and according to family code law insanity may deprived the rights of the mother what is the cause of the insanity is the environment and her husband? well they are not married yet should i say live in partner, please help…

    Reply
  122. jen

    hello. can i have the custody of my 2 sons.. 7yrs old and 1yr old, but I have no work. but I’m applying for work abroad. my 2sons will be at my sisters care. my ex-husband left us with no reason. please reply ‘coz I need legal advice. tnx

    Reply
  123. Rainier

    Hi Attorney,

    I recently received word that i am a father to my newborn daughter out of wedlock. I fully acknowledge the child as my own and is willing to provide support for her. Though the other party does not want to have the baby use my surname, i respect that. My question is that what are my rights to the baby? Thank you and god bless.

    Reply
  124. DarkStalker

    Hi,

    My brother and her wife decided to end their marriage relationship. The reason is that the girl had an affair with her same preference. They had a 3 year old child. Just wanted to know if who will be responsible for the custody of the child? We want the child to be on my brother’s custody.

    Thanks,

    Reply
  125. soul

    Hi attorney I worked in abroad for almost 7 years I have daughter in Philippines 11 years old already and she stayed with his father.I don’t get married with his father but i’ll send them a money every month to support them his father is not working and I decided to separate with his father 2 years ago because i’m so tired for everything now i stop to support them for almost 8 months already now i have my husband right now my point is i don’t get married with the father of my daughter now his father doesnt allow me to talk to my daughter even my parents he doesnt want to talk to my daughter. My question is do i have rights to my daughter even his father don’t want me to talk and to communicate to my daughter?please advise.. thanks

    Reply
  126. Krs

    Hi Po Attorney,

    I’m a single parent, separated, with a 5-year old daughter and OFW. Husband and I got married on 2009 and separated 2010 (just a month before I left for overseas). Discovered that he cheated on me for 6 months for a younger girl on April 2010. I left Philippines for work while my daughter stayed in my father’s place. Cheater husband went back home to his father’s house. My child was left there while relatives look after her while I am working for living. Since the day we separated he visited our child for several times only without giving any support or whatsoever. I am working overseas and would like to get my daughter so we can be together. Due strict law in the country where I am now, they would like to have a father’s consent for me to bring our child.
    My daughter is willing to migrate with me but her father wouldn’t allow. He doesn’t visit our daughter, doesn’t call in our home phone to check how my daughter is, he doesn’t give any penny to support my child for basic needs and schooling. I did not receive any help, support of any kind in any way. But the twist here is that he is holding my daughter’s freedom to migrate with me.
    I could infer that he abandoned and neglected my child while living as single man and flirting with other girls.
    Please give advise on how to win my daughter’s freedom so I can take my daughter overseas.

    Reply
  127. Krishna

    I was separated to my husband snce dec and he force me to leave the house because of jelousy and thinking i have other man in my life, can I still get the custody of my child? How will be the process?

    And another thing is having a flirty relationship n social sites like facebook can be considered immorality? and can this be factor to sue one in court?

    Reply
  128. Regie

    Need help,tanong ko lang po pwede po ba kami makulong mag kapatid sa ginawa nmin,patay na po mother po nmin tapos ang kapatid ko po eh hindi na nakisama sa nakabuntis sa kanya kc po gusto ipa tanggal yung baby,ngayon po nag desisyon po ang asawa ko po na ituloy ang baby at sya na daw po ang susuporta sa baby,nung nanganak po ang sister ko eh nag desisyon po ang sster ko na ipangalan sa amin pero ang kapatid ko po eh sa amin po nakatirang mag asawa,tanong ko po kung pwede po kaya kami ipakulong ng naka buntis sa sister ko po at ano po ang pwede nming gawin..salamat po

    Reply
  129. I Quineri

    If a mother is immigrating to another country with her child below 18 years of age, does the mother need the child’s father’s consent? The father abandoned the family when the child was still a baby. Thankyou for giving this your attention.

    Reply
  130. maribel

    My x husband wanted to take my son to another country.do he have the right to take my son away after 5 yrs his not with us even if we are married before? He only support 5k a month to our son. And twice only he see him and come here to the phils since we got married 2009.now he want to take my son in abudhabi.

    Reply
  131. louie

    hi atty. good day. may i ask if the father of a illegitimate child above 7years old can file a case to get the custody of his child? What can be the possible reason that the court grant his petition of custody to his child?

    Reply
  132. Marc

    Please I need answers! 1.we were never married 2.we lived together for almost 2yrs 3.my daughter carries my surname 4.no infidelity or any premature reason for the break up, we just decided we dont want tobe together anymore!

    My ex has a large family and they have a below average income.only her parents work! My ex is unemployed! When we were together her parents usually borrow money from me.now that we’re seperated I fill my daughter is not fully getting the financial support.what should I do? I want to file for custody but not sure if I have a chance to win!!! Note:my baby is only 1yr 7months.my ex is not a drunk or mentally ill or abusive.she is just working(Tambay in tagalog)

    Reply
    1. eric

      Hi! I am a father of an 8 yr old child. The child had been with me ever since the mother left 5 yrs ago. We were never married. Its been over a year now since the the last contact of the mother. She never visited nor do we have her contact number. We also dont know where she lives now. I am planning to have full custody of my kid. I am seeking your advise on this matter.

  133. cherry

    i plan to travel abroad with my kids. i was annulled last dec 2014. the court granted to me the custody of my 2 kids but with visitational rights of their father. do i need to seek for travel clearance, requiring the knowledge and consent of my ex? thanks

    Reply
  134. Victor

    I neead an advice. My wife and I got separated because of infidelity issues. We are married. We separated because she has an affair with someone. My son is only one year old. I do not want my son to be deprived from me, what should I do?

    Reply
  135. Rose

    I am separated with the father of my child since 2010 now for that year he is supporting my child,but year 2011 till now he is not giving or offerring financial support, then just yesterday he talked to my aunt and told he misses my child and that he wants to borrow the child two days a week and he wants my answers as soon as possible, telling my aunt that he already talked to a lawyer and that he knows hes rights, people tells me his living-in with a doctor co-worker in a hospital he works in, i dont know my legal rights and how to fight him if ever he filed a case of visitation rights or custody coz i dont have money to pay for an attorneys advice or counsil, pls send me an email as regards to ur reply thank u! God Bless U!

    Reply
  136. Ms. SingleMom

    Good day Atty. May I just ask If I’d be getting full custody of my son. What will be my first step? We are unmarried and my sons father is an OFW. I have proof that he has another woman in the same country to which is also a Filipina. My concern is that I just want to clear things between us since he is not supporting our son physically, emotionally and financially. Thank you Atty!

    Reply
  137. roselle

    Good day Atty.
    Ask ko lang po nag file daw pong annulment mister q. Then sabi nya tapos na daw po. Nakakuha po aq sa nso ng naka secpa na may null/void na notes sa mar cert namin. So akala ko po ok na. Nid q mag change ng passport from kasal to single. Isang need po ay yung court order from rtc. So nagpunta q sa rtc na nakaindicate sa mar cert namin. Sabi po sa rtc wala daw po file at fake daw po annulment namin since alam nila na wala ako pinirmahan. Madami daw po case na ganon. May bago na po sya asawa at may anak na sila. So it means kasal pa din kami at pede q sya kasuhan ng pangangaliwa? Then gusto po nila ng family nya na kunin ang 2 anak namin. Boy is 12 and girl is 6. Mahirap lang po aq at may kaya sila sa buhay kaya tinatakot nila aq na mag file sila ng custody at kukunin mga anak ko sa akin. Anu po ba dapat q gawin. Kasi mahirap lang po ako at ang fam ko. Kung sakali po ba may laban aq na makuha ang mga anak ko?
    Nung nanganak po aq sa panganay namin dec 2002 pinalabas po nila sa bc ng anak ko na kasal kami ng mister q. Kahit hindi namn po yun totoo. D q poalam panu nila ginawa ung papel. Basta pumirma na lang po aa pag kapanganak ko. Wala po ako magawa dahil mahina po aq at kapapanganak ko pa lang. D q masyado napansin ung mga info na un. Yung daughter po namin nung ipinanganak ko kasal na po kami. Ikinasal kami 2007. 2008 po ipinangank daughter namin. Nasa akin po mga kids since naghiwalay kami nung 2011. Ngayon pp pinupush ng inlaws ko ang asawa ko na kunin sa akin ang mga bata at magfile ng custody. Tutulungan daw po nila sa gastos ang mister ko. Ngayon po wala pa po ako work baka by july pa po. Atty masalimuot po masyado nangyari sa life ko. Ang sama ng fam ng asawa ko. Nanahimik po ako at di nagreklamo dahil important lang po nasa akin ang mga anak ko. Ngayon po sila pa ang matapang at gusto kunin ang buhay ko. Mga anak ko na lang po ang reason kaya nabubuhay ako. Pano na po ako pag nawala na sila sa akin? Hindi ko na po alam ang gagawin ko. Takot po ako kasi wala po ako pera pambayad sa abogado if itutuloy po nila yun. Ano po ang dapat ko gawin? Salamat po

    Reply
  138. Goddess

    Is it possible for my second child to be adopted by my sister in law without my consent? I’m not married to my daughter ‘s father ,due to unstated reason our relationship didn’t work out so I need to leave their house in the province…few years till now she (my daughter) is with her father in the province and I’m in Manila.. because he said its his obligation to raise her and since I’m jobless that time but I have now….Until I got a call from him today and telling me that he wants our daughter to be adopted by her sister because her sister is already a citizen in Canada…

    Reply
  139. rizza

    i was separated for 3yrs now. Just this year the communications between me and the father of my child has been open and just last week they asked to have the child for a vacation in the province and told us to return the child after a week. so i spoke with the father of the child yesterday what time am i gonna pick up my daughter,then told me it’ll be tom. morning so everything was clear. then just this afternoon i called again to speak with my daughter and confirm the time for tom. and to my surprised the father just told me that he’ll no longer bring the child back and it’ll stay there for good.they already enrolled the child and already consulted DSWD.they advice me to go to DSWD as well and see each other in court for the childs custody.. what can i do now??? whats the best thing to do??? please help me.

    Reply
  140. Medical Practitioner

    I am from Cebu. Me and my wife have been separated for more than a year now, out of spite she took our 3 kids with her ages( 9,5 and 2) and left them to her parents in Mindanao but I dont know the address since its not their own house and they never told me even if I kept asking them for the address. She wont reply in her facebook and she changed her number and the kids as well. But shes here in Cebu while the kids are in mindanao. She told me to file for annulment and she will bring the kids back here in Cebu,she was very firm in that, to which I did just for the sake of the kids even if I dont have that much money because I know her parents dont have any source of income in mindanao and my kids are now studying in a very small public school there. they were studying in a private school here in cebu but had to stop because my wife took them to mindanao without my knowledge,that was when we were still on speaking terms and she asked for money for my daughters birthday but instead used it for their fare and took the kids with her.

    Now that I have already filed for annulment, she still didnt bring the kids here. School have started and the case havent had a single hearing or a mediation(just the raffle) since were still waiting for the hearing schedule.

    Our marriage is about to hit 10years but we separated because she has a very violent temper and would break things in our house and I dismissed it as her being highblood,until she broke the cars windshield and 3 of the office computers because she was angry . Im not sure if thats normal for wives to be that violent but I cant live with that anymore so I lived in my parents house for the mean time since Im afraid of whats going to happen next.I dont want my kids to see any more of her violent side. Now shes mad and wont cooperate for the kids sake. Keeping our kids hidden from me.

    My question is, aside from waiting for the annulment case to be finished,which will be years,what can I do to get my kids back here in Cebu?

    Reply
  141. Rachel

    hi! I’m Rachel 22, married but we separated 4 yrs ago. Could you please help me and give me advice as im working abroad and mu daughter is with my in-laws with his dad. I dont have any communication with my daughter whenever he’s there but everytime i’m hoing for vacation in Philippines my daughter is with me, but merely as my in laws ai not allowing her to always stay with me. I have bf and my ex has gf too.. Eeverytime im asking my parents to borrow my daughter they are not allowing. I want to get the full custody of my daughter shw’s 7 now and i’m the one supporting her tuition fee, i’m here in abroad and my ex husband is also into drugs. My parents in law are the ones whose really taking care of my daughter but i want to take my daughter and let my mom take carr of her as i can give more financial support to her than my ex, my ex doesnt have good work. Please help me and advice me.

    Reply
  142. Carla

    Hi atty. just wanna ask about the custody of my child after ng annulment namin ng ex husband ko. Nov. 04 2014 is the exact date ng ma file ko yung petition ko, i filed it sa las pinas RTC.. Nakatanggap lang ako ng summons siguro mga 4 times palang and wala ng padin updates sa petition ko. I just wanna know po kase mag 7 years old na yung daughter ko this october. yung father kase nya and my inlaws before po ay sobrang nakakainis kapag nag sasabi sila na hiramin yung anak ko. Ayaw naman po kase ng anak ko pumunta doon kase lagi daw nag iinum ng beer ang daddy nya at di naman daw siya naaalagaan doon. Kapag sinasabi po kase namin na ayaw ng bata pumunta sinasabi nila samin na tinuturuan kase namin kahit hindi naman tpos matapang sila na sabhin na may karapatan sila sa bata at mag hahabla or mag file daw sila sa custody ng bata. Pano po ba yun eh wala naman sustento binibgay sa bata kami ng mama ko nag papa aral sa anak ko at salahat ng gastusin para sa bata. Yun lamang po ang katanungan ko.

    Reply
  143. Shierlyn

    hello atty

    My Brother have a baby girl to her girlfriend,thier both agree to using my brother surname for thier child in the birthcertificate..but the mother of the baby my bro gf died 2 weeks na po..my brother have the right for his baby custody Bcoz until now all the baby needs we give to his baby..and now the mother of my brother gf wants to change the surname of the birthcertificateit is possible?.and she had a plan to work abroad..and she is a second family ..now the nanny TakeCare of the baby until now there not calling us to back the baby to us.there is possible that the baby gave to his father’s care

    Thank You and i am looking forward for your Response

    Best Regards

    Godbless u more

    Shierlyn

    Reply
  144. Ace

    Hi Atty. My brother has a 2 year old child. A month ago, his live-in partner left him due to misunderstandings. The girl suddenly left without us knowing. A few days after, she went back just to get her things, and without even showing up to her baby and to us. Now, it’s been more than a month that the baby is with us. My mom and dad, my eldest brother and I are the ones taking care of the baby. The baby stays with us especially that my brother has shifting work schedule. Yesterday, we got surprised upon hearing that the baby’s mom called up my brother telling that she will be getting her baby and would bring DSWD to pick her baby.
    After all, in the first place, she abandoned her baby. She has no work.
    We actually put up a small “sari-sari” store then just to keep her busy so that she won’t feel bored during those times they didn’t have the baby yet. Until now the store is still open.
    Is the law on custody of child below 7yrs old absolute? Will she be taking away the baby from us? Please advise us on what legal grounds can we use to keep the baby with us who are very willing and capable of giving the love and support his mom couldn’t give him.

    Thank you.

    Reply
  145. Janet B

    Hi please help me ano po bang dapat kong gawin nasal po sa asawa ko may dalawa po kaming anak nitong buwan at kasalukuyan hndi na po maganda pgssma nmn mg asawa.may babae po ung Mr. Ko ang nangyari po ngaun umuwi po cla ng babae nya sa amin sa bahay ng biyenan ko wala po kaming matinding pinag awayan basta gnun nlng gnwa nya piano po ung karapatan ko bilang tunay na asawa,ano po ba dapat Kong gawin may dalawa po kming anak gusto ko SNA makuha custody nila hndi nmn po ako mka pg complain kc mahirap LNG ako SNA matulungan nyo ako

    Reply
  146. Ediza

    Hello i would to ask how i get costudy of my 2kids? My kds was staying with me and my ex.bf have an agreement about how visitation .. and every holiday and summer but something happen he suddenly said to me that kids will be staying with him thats not in our agreement… how do i get my kids back is my ex. Need have to be the right costudy …and his a foreigners… please help me…. thank you

    Reply
  147. h0peless

    Sir gud eve po.d2 po aq n0w s saudi.mlpt na po matapos ang k0ntrata ko..naiwan ko po sa pilipinas ang 2 n anak isang mg’3 at mg’6.kc to gusto ko na po talaga humiwalay sa asawa ko.kc po nasa pilipinas pa lang po aq sinasaktan nya ako physically mentally and emotionally.at y0ng mga anak ko ganun dn po ginagawa nya.tap0s po kpg nkainum sya lagi n ak0ng inaambaan ng itak,pti mga anak ko nakikita po y0n.hangang andito n po aq nasasaktan nya po ako.dahik kada txt po marami syang sinasabi na masasakit.at nabalitaan ko po na gumagamit sya ng drugz.lht ng bisyo nasa kanya n.tap0s lage ak0ng tinatak0t n hnd ko daw mkuha mga anak ko.patayin dw muna sya bago ko mkuha.anu po pd kung gwn.s s0brang dmi n po kc ng txt skn bnura ko n po.dhl masakit kpg nbsa q,hangang ngaun po my bisyo p sya.sir need ko talaga advice.plz wg nyo po publish nem q ang email.tnx po at hntyin q po email nyo.

    Reply
  148. Cheryl

    Hello po atty.

    Isa po akong ofw sa middle east. May asawa pero hiwalay na po kami at may isang na babae 7 years old.

    1 year na kaming hiwalay ng asawa ko atty. Dahil sa mga bisyo nya habang wala ako. Pati babae at drogas. Maraming ngsasabi sa kin, pati na mga kapatid nya at mama nya tungkol sa mga ginagawa nya.

    Pati anak namin di na nya inaalagaan ng mabuti kasi maagang aalis ng bahay at uuwi naman ng madaling araw. Minsan iniwan nya yung bata na mag isang natulog sa gabi,hindi rin umaatend ng mga meetings sa school ng bata. Kahit saan nalang nya iniiwan ang anak namin. At minsan pa iniwan pa nya yung bata sa bahay ng babae nya. At palagi din po umiiyak ang bata dahil tinutukso ng mga tao na may ibang mama na daw sya. Sabi din ng teacher nya na may time na naging tulala ang bata sa klase nya,dahil siguro sa mga naririnig nya sa labas na hindi maganda tungkol sa papa nya.

    Wala po syang stable job,pa extra extra lng. Minsan ngdrive ng tricyle or mag wiring sa mga bahay bahay.

    Nung ng bakasyon po ako march 2015,kinuha ko yung anak namin at hinahabilin ko po sa mama ko. Dun mas maaalagaan sya ng mabuti at mapapakain sa saktong oras. Pinapadalhan ko na lang ng pera buwan buwan para sa lahat ng gastusin ng bata.

    At nung bumalik na ako dito sa abroad,ngbalak naman ang asawa ko na kunin nya yung anak namin kasi magbabagong buhay na daw sya at magpapakabait. At habang wala daw ako dun,sa kanya daw muna ang custody ng bata.

    Hindi ako pumayag sa gusto nya,kasi ng alala ako na baka mauulit na naman ang mga ngyayari sa bata dati na nasa poder pa nya. At hindi rin ako naniniwala na magpakabait na sya.

    Ang tanong ko po, is there a possibility na makuha ng asawa ko ang anak namin habang wala ako sa pinas? Sa kabila ng mga ginawa nyang pang aabuso sa aming mag ina? Di po ba psychological abuse na ang sinapit ng aking anak? Ayoko na po na maulit ulit ang nadaanan ng anak ko po,na pinapabayaan lang. Ayoko ko na ibigay sa kanya anak namin,pero pinapayagan ko naman sya na bisitahin nya anak namin.

    Please po,tulungan nyo po ako kung ano ba ang dapat kung gawin para hindi makuha ng asawa ko ang anak namin. Napakasakit isipin at damdamin na marinig ko na hindi maganda ang kalagayan ng aking anak,tapos wala pa akung magawa kasi andito ako sa malayo ngtatrabaho.

    Reply
  149. MF

    sir, what is our right para sa kid na 15 yrs old na napamahal na sa amin living with mom na may apat pa sya na kapatid lahat stop sa school and abandoned 5 their father for 5 yrs… sir, we put him in schoil and pay his debts sa dati nyang school. The boy is really attached to us… I supported the mother also and 4 na kapatid na quite sometime. shelter, needs , school etc. But then kinuha sa amin ang bata while in school for no reason… okay lang they went back to bataan tapos i even send the kid through his mom para mag school sa letran. pero the mom di nya sinabi sa kid na kami nagpadala… kasi she cut biglaan all communication sa min ng bata…. it was a traumatic event for my kids nawalan sila ng kuya kasi ung bunsi sibrang close sa kid. Last new year binalik nya ung bata so we put him in school again and supported the other kids ulit na ank nya.. then after few weeks the mother refunded the tuition fee without us knowing so no choice nag bayad na lang kami ulit then atleast naraos nya 1 year nya… so we transfer ulit sya sa better school kaso the school found out sa refund issue ng mom nya so ask us na magseek ng conscent letter sa father so hinanap namin ang father an okay na biglang ang father ayaw magbigay ng conscent and kukunin na raw nya mga bata… kaso ayaw sumama sa kanya ng bata so he got his ego there and forced the child to stay and pinalayas kami sa housr nila… ni choice ang bata he was crying and askin for help … then as of now d pa sya binabalik and ma drop na dya sa school. wlanag fone at pinagbawalan na mag communicate sa amin… di sya nag aaral as of now and kinuha na din ung mga kapatid… sayabg ang school..sobrang attached sa amin ang bata reason why nya kinuha by forced. Sir , napamahal na ang bata sa amjn at pamilya ko and naawa kami sa bata kasi sa mga tao na nakakausap nya halatang di masaya at pilit ang mga sagot … ano po ba ang pwde namin gawin?

    Reply
  150. Mcdo

    ATTY, I understand that you are not allowed to provide any legal advice. How long will it take for the court to decide whose parent is capable to raise my son. I am a father, we are not merried. I don’t have big amount of money to pay a private atty. can PAO help me?

    Reply
  151. Jethro

    good day im jethro. my wife is working abroad. me and my mother in laws are renting a house. but we will fight who have a rights in my children.she told me that i dont have a right in my children. because they believe i have un affair to other girl. the bottom of this we we’ll fight about the custody of my 3 children.
    she also told me that they have rights.because she taking may children.

    who have rights?

    thank you

    Reply
  152. labeafe

    hi atty good day, i need an advice i have 2 children from before age 11 and 12 and they had their fathers last name but we are not married ,and now i wanna bring them to other country what should i do? the father of my child is currently in prison lifetime in prison , what should i do to get sole custody or court order? the atty we ask is he said that i need the fathers signature but i doubt what the atty say ,i currently in other country now my children is in philippines please help me,
    Godbless

    Reply
  153. Bernabe

    Atty, I am currently here in dubai I want to get my child to her mother because she’s been not good and not always there for my baby I am saying this now because she’s having a baby too another man now she doesn’t want too give the child costudity to me. What should I do and give me an advice too make everything legal Atty.

    Reply
  154. Belle

    Ask ko lng po sana kung ano pwedeng gawin sa mga apo ko na mtapos abandunahin ng nanay nila bigla na lamang kukunin kung kailan 3 at 2 yrs old na po halos lahat ng suporta pati mga pampa doktor ng bata kmi po ang sumagot mag asawa bale manugang ko po syang babae at anak ko ang lalaki,bnigyan pa po nmin sila ng bahay na matitirhan ,pero mula pa nmn po noon talagang di na sya palauwi hnggang mkatanggap na lamang po ang anak ko na maging magkaibigan na lamang daw sila at gusto kunin yung mga bata,na simulat sapul sakin nila pinaubaya ni walang suporta at kinattakot ko po yung 3 yrs old na apo ko maselan dahil my atopic dermatitis na lagi kong inaagapan dahil nagsusugat yun pong ina kc ng mga ito my anak din na 2 sa una mga boys nmn po ,ang mga apo ko mga girls,diko po kc nkitaan na mother material yung babae at di po sila kasalng anak ko,ang tanong ko lamang po ay kung my karapatan po bang kmi ay tumanggi na ibigay sa kanya ang mga apo ko na simulat sapul ako pona lola ang nag alaga,lahat din pong document ng bata nasa amin,..sana po ay matulungan po ninyo ako

    Reply
  155. ellebanna

    I am a mother of a five year old kid. The father of my son is legally married with someone else. I have been separated with the father of my kid since September of 2014. The father is now living with her legal wife and daughter. Over the months, the father never made any attempt to see, support nor to reach out. Now, the father is demanding for visitation rights. Note, my son is using the last name of the father. Because of what happened, I don’t want the father to be granted of the visitation rights. Here are my questions:

    1) What should I do, or what evidences can I present for the visitation rights of the father not be granted?
    2) Based on my situation above, is there a any possibility that the visitation rights will be granted?

    Reply
  156. blueyam

    hi! atty.
    i hve this live in partner we stayed for 6years and we have 2kids below y/o.
    i forced him to get out of my parents house because 1) have no time for kids 2) he has girlfriend
    now he is staying with the girl for 3months. and the girl is the one to sustain all his needs. food, finding a job, etc. and now they tell me that they want the custody for my child. so what will i do? i have now a work. im also worried that they might took my child from school with my concent. what should i do? Can I winn this battle? thanks!

    Reply
  157. Jessa

    Good day! My friend just gave birth 2 months ago. They are not married with the child’s father who doesn’t provide any financial support to them. My friend is now living with her family. The father just saw the baby at times that he visited my friend. During my friend’s pregnancy, the father wanted my friend to abort the baby. At the moment, they are not in good terms with the father because she found out that he’s cheating on her. My friend doesn’t want to show again the baby to his father. What will happen if the father demands to see their baby? Can the father file a case against my friend? Please reply. Thank you in advance & God bless!

    Reply
  158. Owelcorona

    I would like to have a legal advice. I have a live in partner and a 3 yrs old daughter. My live in partner left our house or abondon us ( me and my daughter) .after a month we had an agreement notarized that I’ll be taking care my child and she had a right to visit. But after 2 months hiniram ng Lola at ayaw ng ibalik ang bata. At pinagpipilitan niyang under 7 daw ang anak nmin kaya ang sa knya daw ang bata. Ano po ang magagawa ko?

    Reply
  159. David

    Hi Atty,

    Good day..

    My friends wife applied for nullity of their marriage. An invitation letter from psychological doctor and summon was delivered to his residence. Neither of the two invitation was attended by him due to the fact that he was already working abroad to support his family. My friend left on april and the letter was received oct and nov. of the same year.

    My question is..is the wife’s application for nullity of marriage valid even though she’s the only one active on it?

    Thanks & Regards,

    David

    Reply
  160. Roque A.

    I have a daughter who gave birth to a boy who will be 6 yrs old this jan 2016. Since she was not married when she gave birth she gave her child her surname. The birth cert dont show fathers name or left blank. As grand father of the child I wish to nsme him as my beneficiary for my sss. Do I need an affidavit to support this. The mother is now an ofw. Pls I need your advice. Thank you

    Reply
  161. Julvy

    Hi ask ko po may two daughters ako from previous relationship but me and their father wasn’t married we been separated for almost five years and his trying to hide kids from me kids are 10and9 but secretly I’m seeing the kids when I’m in the country
    now I’m married to my half Australian half sri Lankan husband and planning to stay for good here in sri Lanka
    each time I meet my kids I always tell them that I will not force them to leave their father and stay with me I will wait for the right time and let them decide on their own.
    They are also aware that their father doesn’t want them to see me but I make sure to make ways always to meet them and their happy to be with me always there very close and sweet to me
    their father treat them good and support them also.
    My question is one day if my daughter decide to come with me here abroad do I need a signed letter from their father?
    They’re using their father’s family name but the father signed at the back of their birth certificate..
    please clear me with what is right.. Thanks alot

    Reply
  162. Pinky

    Dear Sir/Ma’am,
    I nephew is turning 2 years old this November. The father of this 2 year old boy is my brother. The child is illegitimate. The child is with us for 2 years already. My brother is the one taking care of his child with the support of our mom. Lately, the mother has decided to take the child to bring to Davao. Mother says he will come to our house anytime and take the child. Can we file a case or agreement first before she can take the child? The mother is just renting a room and living alone and taking the medication of insulin. Says she will take the child and ask her mother who has a diabetes to take care of the child. According to your statement above parental authority is inalienable or not transferrable. Though we know that a child below 7 years old should be under the mother’s authority. Please advise. Thank you.

    Reply
  163. Larry

    Adoption issue. My wife and I filed an adoption case back in 2011 and to this day DSWD has refused to submit the case study report. From what I understand DSWD claims that they have not completed the report because we had moved SILANG TO DASMA and now they need to re due the entire process again which would now be the third time. Question 1. does the change of address give DSWD the right tl with hold the case study report….? keep in mind thecourt ordered last year the release of such report and dswd has also testified to the case study report its finding and recogmendations is that we are qualified and it is in the best interest of the child who has been in our custody since birth. After everything, DSWD is still demanding we re submit all thedocuments, go through police NBI medical home study anc everythkng else again. Question 2… does the testimlny of DSWD on the basis of the case study report, its findings and recomendations meet the requirements of lawor does an actual written report need to be submitted. Thanks in advance for any help or opinion you may have on these issues

    Reply
  164. MommyP

    Hi… I have two kids a 9 year old girl and a 5 year old boy. They are being invited by my sister-in-law (my husband’s sister) to go and live with them in Japan for 6 months. They asked to become their LEGAL GUARDIANS so that all the privileges their children has can be extended to our kids. We are financially supported by by husbands family because my husband has been in and out of the hospital since 2011. Can you tell me if this is possible? We as parents want the best for our kids and we think that this is a great opportunity for them .

    Reply
  165. anonymous

    I have to ask the same question.

    “How long does a custody case normally last and how much would be the projected cost of one?”
    pls email me . thank you

    Reply
  166. Cristina

    I am Cristina Guarin married with four kids, my youngest child is 3 years old but living apart with them because my husband accusing me that I have another man. He and his mother decided to bring me back in my mother’s house. So all my children now are under my husband’s custody. I want ko know if I can get my youngest child and to be under my custody. What must I do? They not even let me to see my children even an hour or minutes. Please help me.

    Reply
  167. Jesstine ann

    I have a question. So my brother pregnated a woman. They lived together for about 2 years but the the thing is that the woman forced my brother to have sex with her knowing he was really drunk. He doesnt love her, and he couldnt love her for the fact that the woman has no good manners and also her family. Their relationship was very rocky. My brother met a new woman and he loved her so much that he married her and they had a child. My brother’s son is living with her mother. So the thing is that my brother is a seafarer and he asked our mom to take good care of his son. My brother provides all the needs of his son, enrolled unto a good school, provide his basic needs. Giving him all the love and care. My nephews mom doesnt want his child to see us or even talked to us. They only let my nephew visit us when they dont have nothing to feed my nephew or when there are expenses at school needed to be paid or when his sick. We would always call the boy to come to our house but whenever his with his aunt the boy never answers or even looked at us. They would scold my nephew whenever they sees him talking to us. Before the mom has no job. All the expenses of my nephews are paid by my brother. Now the mom has a job as a domestic helper and left my nephew to her sister. Sometimes my nephew cries because her aunt wouldnt let him be with us. Teaching my nephew not to talk to us. They usually tell others negative things about us saying that we dont love the child, we dont provide him anything. What they want is to give them money for the child. My brother doesnt want to give them money because he knows that the money wouldnt be given to his child but to the womans family. Knowing they will use it for there own wants. The child just turned 7. We want the child to be in my brothers custody. Do we have a chance?

    Reply
  168. mischie

    Arresto Menor

    Posts: 1
    Join date: 23/11/2015

    May bf po ako at may anak siya out of wedlock at 8 years old na ngyon.. Tuwing hinihiram nya ang anak nya ay pinagdadamot ng ex gf nya sa kanya. Every month nagpapadala siya ng pera sa anak nya though hindi fix and date at amount like ranging for 1500 to 3000 pesos monthly at naghahati po sila sa tuition fee ng anak nya. 
    Ang family po ng bf ko at ang family ng ex gf nya ay hindi in good terms. 
    Ang ex po nya ngyon ay may kinakasama na rin iba at sinabi po ng nanay ng ex gf nya na ililipat daw po ang apelyedo ng bata sa apelyedo ng lalaki which is a married man to other girl. Yun po ang lagi nila panakot sa bf ko. Plus nag message sila noon na kaya na daw nila tustusan ang bata , but still kahit papano ay nagpapadala parin po ang bf. Ngyon po, kami pa po ang timakot na kung hindi sinusustentuhan ang bata ay we face legal actions. At may pagbabanta pa. My proofs po kami na monthly nagpapadala ng pera habang nasa ibang bansa ang bf ko dahil nasa amin ang passbook ng bata. Ano po kaya ang pwede namin gawin since tahimik naman kami at ngyon nandito na ang bf ko sa Pinas ang balak nya na lang instead monetary ay ipag grocery na lang bata para sa buong buwan dahil mas nakakasigurado kami na sa bata napupunta ang pera at hindi kung saan man. Sana po matulungan nyo po kami

    Reply
  169. Onofre

    Me and wife have been separated (not legally) for 5 years now and now they refuse to accept my child support but barred me from seeing or talking to my kids. Any legal advise?
    I live here in Shanghai, China and only go home in the Philippines once or twice a year.

    Reply
  170. Mai33

    I just wanted to ask regarding my situation. I was married before way back 10 years ago. But we never had contact after 3 weeks of our marriage. And recently I have given birth to a child from the other guy which I am planning to marry. And my annulment from my previous husband was still on process. My question, is it possible that my baby can travel to other country without affecting the result of my annulment?

    Reply
  171. nelson

    I would like to know if my leave in partner found that see mark up a price for her personal profit with out knowing the company, it migth be considee as immoralty and ground to remove the custody?

    Reply
  172. Jordan

    Dear Attorney
    Good day!
    My son miggy is now 11-years-old, his mother and I separated while she’s still pregnant for him. However, given the circumstances during the time I am unable to supply support for her financially as she was pregnant to my son regarding her check ups and so on… Though my parents provide all this. I have been supporting my son ever since even his mom and I part ways. I’ve moved here in Australia 6 years ago me and my wife were looking forward to bring him here in Australia to join us live here together with his stepbrother, my son Jori who is 9y/o. Them both get along ever since we were still leaving with Philippines. It was last December 2014 when them both got reunited. Regarding the situation do i still need to take this to the court for me to gain my sole legal right to him? His mom is very willing to let her son joint us here is Aust. By the way his mother has now have 6 kids with her husband. My son is also looking forward to come join us here as he was excited to finally lived with us and his brother. Hope to hear from you when you have time.
    Regards,
    Jordan

    Reply
  173. raquel

    Pls advice. My son is 24 yes old and have a son who us turning 3 yrs.old on Feb. My son is not married to the mother of his child. However he supported the child since birth even the hospitalization of the mother because the child was delivered via c.s., to the best he can and to the extent of us lending him financially. However my son is being deprived of his right as the father whenever he planned to borrow the child to spend time together. First of all the child is being taken cared of not by the mother but by the grandmother because the mother is leaving with the relative in other place while seeking job and very seldom she visits the child. Now we have learned that the mother of the child is pregnant with other man and told a story that the reason why she got pregnant is because a man whom he ask to help her support the child wanted it. The fact that my son supports the child and she said she already is working why do so. For me she exploited the child to ask money from the guy and its immoral to say that’s the reason why she got pregnant. Do you think we have a case . The child is sikly and we learned it from neighbors. Thanks. Well appreciate your advice.

    Reply
  174. jassen

    Please help me of my problem regarding my 2 son, 4 and 7 years old. I am here in Saudi Arabia and i left my 2 son to his father for the reason that my husband had no work since my eldest son is born. And now my husband and i is not in good term because he did not understand my side of being OFW here Saudi (riyadh). Even when im still in the Philippines I am the one who is working to support the needs of my child.
    Now, I’m planing to go for vacation this coming May 2016 and i want to take my 2 son to him, and i let my father to take care of my sons with my financial support. How can i take my sons legally?

    Reply
  175. niwel

    My brother has a 13year old son,but was left by his partner to me and my parents 8 years now. My brother has another family and his ex-partner is overseas. My nephew seldom communicates with her on social media or when she comes back in the Philippines. I acted as his parent by providing him education, clothes, food, almost everything. I sometimes had an argument with her family whenever they want to spend time with my nephew but wasn’t bringing him back on the date that we talked to that causes him not to be present in school. If they plan to get the child, do I have the right to say no? What are my rights? What should I do? I really need your advice. Thank you.

    Reply
  176. maricel

    Sana po makatolong kau sa akin Hindi po kami po ung naloko ng aka ng anak Hindi po kami kasal may anak po kami dalawa 2&4 po kaso lang maykasal xia naasawa nong 2010 pa po sila ng hiwalay tapos po 2010 po kami ng kits ng December 5year po kami ng sama at bigla q po nalaman may bago na naman xia Hindi na po xia umuuwi sa bahay naming at walang sustinto anak nmin.

    Reply
  177. HANY

    hi! i would just like to ask question about my son who just turned 9yrs old.. me and my partner was together for almost 7 years, we were never married, we lived in his parents house for 4 yrs. on may 13, 2013, i went here in canada for work and later i found out that he was cheating on me, it didn’t go well for the both of us, i asked him to give my son to my family and they will take care of him but he didn’t like it. so after 2 yrs i decided to go back to the philippines and get my son from them. so he did gave him to me. i tried making arrangements with them. since he said that he still want to see our son, take him with him if they both have free time, so i said ok. but in exchange he will still support him financially. he said that he doesn’t want to because my son will be on my family and not with him, he said that he’s not sure whether the money that he will be giving would really be spent on my son. so i told him, if that’s the case, then why don’t you just answer his school fees, that way you will be sure that it would be really spent on our son. but he still doesn’t like it. (he’s earning like 18,000-20,000 pesos monthly btw and lives with his parent so he doesn’t have much expenses to think of) so i said, if that’s the case then ok, i will not allow you to see him as well. then it’s all good. i went back here in canada and continue working(i’m applying btw for permanent residency and i included my son with me). i allow his parents to still see our son, coz i respect them, if they will borrow my son for a day i always let them, on the condition that they will not take him home for their son to see my child. but just recently, last december 21, 2015 i think, they asked me to give them the whole day for them to be with my child, and so i said ok, but only for the whole day, and take him back to my aunt’s house after just like before. but they didnt took him home, instead they said that they will return him after christmas, at first i didn’t allow it, but just to avoid trouble, i finally did allow them, then they borrowed him again for new year, and i allow them again. but just recently i found out that they gave my son a cellphone, so that his father can text and call him everyday without me knowing. so i message them and told them that they shouldn’t have done that. and now they are threatening me that they will go to DSWD to file a complaint against me, coz of my demands whenever they take my child out (which is to not take him home for his dad to see, which is i already allowed since i am allowing them now to take him to their house, and their son lived with them, and by the way, up until this moment they are still decided that my son’s father would not give any financial support to my son if im not gonna allow him to live with them again.) and he is still with the girl he cheated me with. my question is, can they really sue me for anything? if yes, for what?? and they are also threatening me that i’ll have to go back to the philippines if they do that, so it would cost me more since i have to leave my job for a vacation leave(which will not be paid, coz i already spent my vacation leave when i first go back to the philippines last april 2015 to get my son from them) and i’ll have to buy plane tickets of course. if that happens, can countersue them aswel?? and file for damage if ever?? will i be able to get my money back if ever, the plane ticket cost, my supposedly salary for the that time. can they have a custody over my son? i know that my letter is kinda long, but please, i am really in need of any help right now. thank you so much.

    Reply
  178. RD

    Magandang Araw Po,

    Im Raymond 30 yrs old x-ofw and now working in a remitance company here in manila.My story goes like this,isa po akong ofw sa riyadh ksa from 2011-2013 at dun ko po nkilala ang asawa ko na nurse,eventually we dated and our relationship resulted in a pregnancy,bawal po sa saudi ang magsama ng hinde kasal ko without hesitation i ask my family to bring all the legal papers pra po maikasal kmi sa RIYADH,we got legally married in riyadh by the ambassador of the philippines to riyadh saudi arabia.,so alam ko po n legal na legal ang ksal nmin we got all the supporting documents of our wedding.,the relationship is good until this early 2015 umuwi po sila sa province galing sa bahay po nmin sa cavite with the promise of getting back here in manila b4 bumalik po ulit ang asawa ko sa abroad but it all suddenly change.,BIGLA NLNG PO KMING PINAGHIHIWALAY NG MGA BYENAN KO ( PARENTS OF MY WIFE ) SA KADAHILANANG HNDE DAW PO KMI MAGKARELIHIYON AT HNDE DAW KMI KHIT KELAN MAGKAKASUNDO.,hnde po kmi naghiwalay ng asawa ko kung hinde pinilit kmi paghiwalayin ng knyang mga magulang with there nonsense reason.,nabigla po ako dahil almost 2 months ko lng nkasama ang anak ko ay agad n nman nilang inilayo sakin eto,ang anak ko po ay 2 yrs old npo,mula ng pinanganak cya ilang buwan lng ay dinala n e2 sa probinsya,ANG SAKIT PO SAKIN BILANG ISANG AMA NA HINDE KO PO MAKAUSAP ANG ASAWA KO AT ANAK DAHIL PINAGBABAWALAN NG MAGULANG NG ASAWA KO
    AYAW NILA AKONG SAGUTIN SA TELEPONO PRA MKAUSAP KO ANG ANAK KO KUNG NSASAGOT MAN NILA AY AGAD IBINABABA TINANGALAN NILA AKO NG KARAPATAN SA BATA AT SA PAMILYA KO.Ako po ay tga cavite at sila ay tiga mindanao,magtatatlong taon npo ang anak ko pero halos 2 buwan ko lng cya nkasama ayaw nila mpunta sakin ang bata cguro da kadahilanang hinde sa knila mppunta ang padala ng asawa ko galing sa abroad.,HINDE PO AKO NAGHAHANGAD NG PERA O ANU MAN SA KNILA ANG GUS2 KO NLG PO AY ANG KARAPATANG KO BILANG AMA NG BATA AT MAKASAMA ANG ANAK KO.,SANA PO AY MAAWA KYO SAKIN AT MA2LUNGAN NYO PO AKO SA PROBLEMA KONG ITO.

    SALAMAT PO,God bless…and sana po ay m2lungan nyo ako.

    Reply
  179. paul

    Hi atty.,

    Can a father contest a Solo Parent ID, specially if the wife is taking away access to the father? The father wishes to send support but the wife is not communicating back, the child is with the mother.

    Thanks.

    Reply
  180. Nicky

    What if an unwed couple has a child, now the mother leave to go to abroad and the child is in father’s care. After one year in abroad, the mother of the child marry another guy. The child is now 5year’s old, my question is, will the mother can still have the child custody even if he marry another guy or the child’s father can have the full custody since he didn’t get married? He’s the one who take care of the baby. I need your advise.

    Reply
  181. trezie

    I have a son who is 6yrs old.. im merried about 6yrs as well.. I am OFW when I found out that my husband has another woman… we agreed that I will resign and go back home to fix our family but when I arrived he decided to leave me and be with his mistress now I don’t have a job to provibe for my son’s need and he dont give our son a support ever… now pls. give me advise what shall I do and I want to take full custody of my son… tnx..

    Reply
  182. Sherryann

    Is it possible for an ofw father to win the child’s custody? He has a daughter before he get married. The child was with him and his wife for 5 years and nOw The mother of the child get the child because she wants the child to be with her. The said mother already have another 2 kids in different father. The age of his chid is now 10 years od

    Reply
  183. EDEN M.

    edencute57

    Hello Atty.
    I am the grandmother of a 2 years and 7 month old baby boy. He is the son of my daughter who is unmarried. She became pregnant while in 4th year college. After graduation… I helped her find work and she was able to get one. She and her boyfriend had some misunderstanding. She and her boyfriend did not live together and did not marry. The father lives with his parents while my daughter stays with me.
    Last May 2015, she left home after i have scolded her , we had some disagreement about how she treats his son and about her behavior. She abandoned her son and I was the one who took care of my apo. She just visited her son at least twice…one was December 23, before Christmas. The father supports my grandson in terms of diaper and milk. 2 boxes of Nido and 2 plastics of diaper every 15th of the month. Other needs of my grandson is given by me. We hired a nanny since I am also working as a teacher in a public high school. I am the one paying the nanny.
    When my grandson is sick I am the one who brings him to his pediatrician… he has a health card from the father… but the medicines I am the one who pays for it. The father visits him when he brings the milk and diaper. Sometimes he gets his son and they go to the mall.
    I would like to ask for your help… I am having a problem . I have texted my daughter and rteminded her of her obligation as a mother to my grandson. But unfortunately she has many reasons not to come and she seldom reply to my texts and never reply to my calls.
    When i told her she has to be a mother to his son … she always tell me that I am the one who wanted to take care of my grandson. She says the father wanted to get his son and bring him to Rizal to be taken cared of his parents. I live in Cabuyao, Laguna.. and Im afraid Ill never see my grandson again once I gave him up to the father.
    What rights do I have as the grandmother? Can I file for custody?
    Please help me… my daughter is not interested on her son. I think she has a new boyfriend and the father also has a new girlfriend.
    I would appreciate much if you can tell me what to do….

    Thank you very much,
    Loving grandmama

    Reply
  184. jamila

    Hello Atty,

    I have a niece, she has a 7 months old baby. My niece and the father of the child was not married and they just separated because they need space. But my question is do the father have the custody right since my niece have another love affair. We’re so sorry about the child because the mother is irresponsible , she’s like a teenager wanted to get drunk and a smoker.

    Thank you and I am looking forward for yur response

    Best Regards,
    Maria

    Reply
  185. joan

    Atty, Good day to you, gusto ko po sanang mgtanong, ito po ay tungkol sa kaibigan ko lalaki, pwede po ba siyang magkaroon ng krapatan sa kanyang anak na nasa kasalukoyang nsa asawa niya ngayon. Ang kaibigan ko po ay maykinakasama na at may anak narin sila, ang asawa niya ay may kinakasama narin at may anak na rin sa iba. Gusto po sana niya hiramin ang kanilang anak sa kanyang asawa kaso ayaw ng asawa niya, khit anong paki usap niya hindi siya pinapahiram, infact sumosuporta nmn sya sa mga needs ng kanilang anak.. Ang tanong ko po, ano po ba ang pwede niyang gawin na legal na pamamaraan upang magkaroon sya ng karapatang makasama din ang kanyang anak.

    Reply
  186. daddyissues

    Hi, the mother of my two kids is married before we had kids (Already have had history of adultery). After we got separated she had another child with another man and left her. She had history of drugs years ago (I don’t have any proof on that and I’m not sure if she’s still using and I just caught her once). But according to the people I know she’s selling her body for money (Not proof, just witnesses). She work far from their house and only goes home once a week. What are the chances of getting the custody of my kids just basing on the mother’s history that she is not fit raising my two kids?

    Reply
  187. jessica

    Hi atty.,

    I need a legal advice for the custody of my 2 children. I am currently here in Abu Dhabi working as a nurse, my husband is also a nurse in the Philippines my 2 children is with him in his mother’s house. I support everything for my children, education, milk, diaper and even pay for the nanny. My husband has vices, he usually used the money for my kids for his vices. I want to get my children and sent them to my mother because I am here working abroad. Is there a chance that i will be given the full custody of my children despite my absence ( I am working here to provide for their needs which their father supposed to be the to support everything for them ). I will be in the Philippines for my annual leave I want to know if theres a chance that my kids will be in my mother’s custody while i am still working abrod?

    Reply
  188. angel

    Atty i need legal advice pls help me. You have my email pls respond as soon as possible. I’ll tell you everything once you send me an email that you are willing to help me.

    Reply
  189. rouie jen

    gud day.. meron po akong ank na 1 yir and 7 month. d po kmi kasal ng ama nia. ang hiwalay na po kmi for almost 7 month dhil po sa ibng babae. ang problema ko po ang bnbgay nia na sustento ay 1k lng kada sahod. samantalang minimum xa at binata nmn. ngaun tinatakot nia ako na kukunin ung anak ko dhil nkaapelyido nmn dw ung bta sa knya. ano po kya dpt kong gwin. help me nmn. thanx

    Reply
  190. Maria

    Hello Everyone,

    My daugther is now 7 years old and she is leaving with his father and i want to travel with her but the father is not allowing me to so.

    please advice on what i can do regarding this matter.

    Thank you & best Regards
    Maria

    Reply
  191. Jun

    Dear Atty,
    Me and my wife are separated for more than 7 years now. We have 2 children (14 y/o (girl) & 10 y/o (boy). We both have families of our own now. She has 2 children of her own with her new partner. I have 2 kids with my new partner as well. We both agreed that our kids would stay in our place under my sister’s custody as she had no permanent job that time, taking into account also the new 2 children she has with her new partner. Therefore looking after our 2 children was impossible for her to do. And besides, she only asked either the children’s grandmother or her eldest sister to look after the children, instead of herself. And of course I don’t want my 14 y/o daughter to stay with my wife’s new partner apparently for security reasons. Now that she is working in Hongkong as domestic helper (just started working for less a year now) she suddenly changed her mind to send back the kids to her place. I want to keep custody of my children. I understand that the children can have their preference as to whom they want to live with given their ages now. Please help me establish certain legal rules so that she wont be able to simply take the children away as and when she wants to so as not to affect their studies. I am extremely worried for my children to stay under her custody especially that my daughter is already a teenager and is apparently should be given certain restrictions and security.

    Looking forward to your response.

    Thank you and God bless.

    Jun

    Reply
  192. Jun

    Dear Atty,

    In addition to my earlier email, my ex-wife is telling me that she is coming home next month and will take the children from my place. How can I stop her from doing so because I am here in Singapore right now and only my eldest sister is taking care of the children.

    Can you please help me.

    Thank you.

    Jun

    Reply
  193. malou

    good day po!
    atty.
    11yrs.akong kasal s asawa ko.may apat kming anak.ngkawilay na kami almost 5yrs.na po.iniwan ko mga anak ko sa kapatid nya dahil ng abroad din ako.seaman po asawa ko at ngayun ay isa na siyang captain license samantalang ako ay domestic helper in riyadh saudi arabia.s pgkakaalam ko po,ngsupport nman po asawa ko 2k monthly sa bawat isa s kanila…may ka live in na po asawa ko at may isang anak mula ngkahiwalay kami at samantalang ako may kalive in na rin ngunit wlang anak…nais ko pong maibigay ng asawa ko ang tamang financial support nia para s apat kong anak…ano po ba ang dpar kong gawin at ilang porsento ba dpat ang para s knila bilang legitimate child…
    maraming salamat po….
    malou dalit

    Reply
  194. Jayson G.

    What can I do to permanently get the custody of my daughter? Her mother has 3 other children to 3 different fathers. She is in Saudi for work with new boyfriend. Her children are in the custody of her mother (the lola). While the 4th child (who’s my daughter) is in the custody of my mother because Im currently in Malaysia. I am the one who’s supporting our daughter.

    Reply
  195. Janice

    Atty ,
    ako po si Janice Cayabyab Cedo..Nkipaghiwalay ako sa.aking sa asawa dahil sa kanyang pambabae..May dalawa po kaming anak at nasa kanyang mga magulang…Gusto ko po silang kunin ngunit sinabi sa akin ng biyenan kong lalake na hindi ko sila makukuha hanggat hindi kami magkakaayos ng kanilang anak..sanay matulungan nyo po ako sa aking problema.Ako nga po pala ay dating ofw at apat na taon sa middle east.

    Reply
  196. angelica

    good morning.
    i am just only 18 years old the same as my boyfriend and we had a child at the age of 17.my boyfriend doesn’t have a work to support me and my child, we are living now in his family but the case is the father of my boyfriend said that if we got separated he has the right to my child. is that true? he said that because he is the one who is supporting my child just because he doesn’t want that his child or my boyfriend will have a work. the problem is the father of my child don’t have a right decision he is just depending on his mother and father’s decision. just like a mama’s boy. can you help me?

    hoping for your response.

    Thank you.

    Reply
  197. villamor jr

    Hi! My brother was separated to his wife a month ago (wife refused to stay together). Now, my brother is asking for his 3yrs old son to stay with him for a week but his wife do not allow. In this case, is my bother has a right to apeal? Thanks

    Reply
  198. aldwin

    Ako po ay may anak na edad anim at nag-aaral sa bilang grade 1 ang problema po ay nag-away kami ng asawa ko at hndi na nya pinatapos ang anak ko sa grade 1 at mag eexam na lang sana ngaung 4th grading pero ayaw nya pa rin pag-examin ang anak namin,ano po ang gagawin ko at sayang ang isang taon para sa anak ko,salamat po sa mabilisang advice.

    Reply
  199. Dj

    My child is already 8 yrs old and my wife left us abroad for 6 yrs and we were never her first priority every month she send us 3k for 3 yrs and none for the first 3 yrs my question is can i have a full custody of my child?

    Reply
  200. aileen Joy

    I have question, right now i do not know what should be my next step.
    I just had my nullity of marriage done and i got MC null and void from NSO.
    I have 2 children, and my company is going to send me to the US for a job assignment for 2 years.
    Will i have any issue of bringing them with me or have their visa approve? Even my employer is not sure.
    Also, their father have been dismissing us for 8 years now and would never cooperate even on legal documents.
    What should be my next step?

    Thank you very much

    Reply
  201. Percival

    Hello Atty,

    I have 3yrs old daughter with me
    It’s been 3yrs now that I don’t know where my wife is And she filed an annulment case and it was already nullified this year 2016.

    Just this year, me and my daughteris planning to migrate to Canada.
    My question is can I get full custody for my child from the court
    without consent of her mother?

    Reply
  202. Jhonabelle

    Helo attorney,I have a problems ryt now my son is in my parents guidance coz I’m here abroad.my husband had anader woman and d worst thing is he showed to our son his anader woman.now attorney I want to get tottaly d custody of my son bcoz my in-laws want to get my son wid dem.what shall I do den?I nid help and advice bcoz I’m planing to go home to file custody case for my son.wat is da best thing i shud do?please help me as soon as possible.thanks.cp#98549997

    Reply
  203. Regina

    Hi, i need an advise. How do I file dor custody of my two minor nieces, they are 16 and 15 years old. Daughters of my brother. My brother is not married to the mother. But they are still together, problem is they both can’t take care of the children, they can’t even take care of themselves, the mother is a drug addict and she literally do not do anything. The children are not sent to school, last year they ask me to take the children to my home and I did, i sent them to school and they have graduated grade 6 last March. Then the mother suddenly outrages and force to take the children with the help of dswd we let her get the two kids, even if the two kids don’t want to go back with her. The child is asking me to take her back, she wants to . What can I do to make an appeal withbthe decision of the dswd staff? This case was not taken seriously as they do not make the necessary steps, I love my nieces , I want to help them.. Hope you can help me.. Thank you.

    Reply
  204. mia

    Hi atty..
    I am just a concerned citizen onthe minors (3)situation.. 9-11 y/o. Can the social worker decide on whats best for the children though the children have chosen to go with their mother already or it must deal with court proceedings? There have been allegations that the mother wasnt able to provide care and support on the children when the children were still under her custody the reason why a year ago the children were brought by their father on his hometown and gave the responsibilty of taking care of the children to her sister while the father works in far city to support financially his children. Now, the reason why the mother wants to get back her children is because of the allegations of sexual abuse on one of her children which have been found already to be untrue yet despite that she still wants her children back afraid of the possibilities of abuses the children might experienced. Regarding this, the children were able to inform about the situation, have been explained on the situation and yet chooses to go with their mother. So the social worker agreed to turn the custody to the mother. What can you advice atty?

    Reply
  205. hanna

    tanong k lng po pano po mpupunta sakin ang ank ko ay , gusto k n po mkpghiwalay sakaing asawa pero ayw nya naman po,pero lagi nia poako pihihiya sa mga kpitbahay namin lagi sya ngsasalita ng masasakit n salita s harap mismong mga ank ko, 7 at 5 po ang ank ko

    Reply
  206. Jeff

    Attorney I would like to ask about the situation of my child now..his mother voluntarily gave to me the child right after the day he was born..cause financially the mother of my child doesn’t have any thing to support the child..and now she’s back and she like to take me the child by force..she asked for a help for police and dswd..I am the father and we are separated and never been married.. What would the best thing and best way I can do to this..please help me..5years until now the child is with Me..I’m all alone give the support but then now the decision of the dswd officer should be the mother have the rights because of his young age..but attorney she abandoned and left me the child.. Never been support or any visitation..

    Reply
  207. Hassan

    Dear Sir/Madam,

    I have a serious case of parental abduction, my wife left with my two children. I have a daughter who is 3 years old and a son 1 year and 4 months. My wife is unfit to take care of my children, I fear for the safety of my children. At the moment they are here in manila hiding and living with his brother. Unfortunately I have no idea where his brother lives, the only thing I know is that they live next to luneta somewhere along the pier. I heard that they will be leaving to Cotobato city tomorrow.

    Fortunately she will not take them to another country, not just yet. I am in need of your help and support to have my children back. Their safety is my concern, they are still weak and too young.

    Reply
  208. Jon

    I have a 6 year old son and 1 year old daughter who is with my wife’s sister in Davao. Since my wife and I has been living abroad since we got married in 2010. We have decided for me to go home Philippines first to get a job and stay in Cebu for good. I have already obtained a job in Cebu and I am suppose to get our children from Davao to Cebu. However, my wife who is still abroad change her mind that I cannnot get our children without her presence. My concern is that this coming June will open the new school year and I wanted to settle my son to enroll first-hand before the school-year starts. I dont want my son to suffer from Mid-school transferee syndrome that could affect his childhood social and emotional well being as he needs to adjust himself to a new environment ang people if he wi start the 1st half of school in Davao and another half in Cebu.

    Do I have the right to get my children from Davao to Cebu without the presence and consent of the mother?

    I really need you advice as soon as possible as I need to arrange it accordingly.

    Reply
  209. Jayson

    Hi sir! I know this post is already old but i was wondering what I could do to keep my soon to be 5 years old daughter. By the way I’m the father. My wife and I are are falling out and last late she came home drunk from the house of her parents. Both her father and mother are habitual drunks and profane language are said regularly. I was the one who helped her with her studies so that she can graduate. I don’t want my daughter to grow up in such an environment. When she was still in her studies in her high school and from what I saw during her college days. They either frequent the barangay hall or the police outpost due to their fighting due to their drunkeness. At one point, her father got dragged to the police station because they nearly killed each other with bolos. Is there anything I can do to keep custody of my daughter. Thanks in advance!!! By the way, her mother said “nakita nya sa bahara na nagloloko daw ako.” They opened my messenger/Facebook account and found my conversation with my thesis/capstone advisee to whom I said paggraduatin muna kita. they behemently insisted that that was the other women. My student has a daughter almost same age as mine and is living with her live-in partner and they are living with the boy’s parents. From there things went south…

    Reply
  210. Justine

    Atty. Fred I have a 3 months old son. My husband and I having consistent quarrels as to where the child goes to. After me giving birth my son is with his family for 3 months. When his parents went back to the province we had hin for 3 weeks. My husband wanted that every after 2weeks we have to bring my child to their place. I cannot leave with his family due to my consistent bad experience with my sister in law. I have been vocal about this with my husband however he continously put his family first instead of my concerns. I want us to separate now due to this circumstances that will evetually be harmful for my child. What should I do next?

    Reply
  211. Leo girl

    Ask ko lang po I’m married with 1 kid 14 yrs old 6 years pa lang po cxa nung iniwan ko para magi bang bansa at habang nasa ibang bansa po ako malaman ko pong may babae ang x husband ko at ngayon po ay nagsasama na po sila at may anak na ay sa ngayon po gusto ko po sanang kunin yung anak ko sa mga magulang niya kasi gsto ko po cxa ilipat sa mga magulang ko para dun magaral pero ayaw po nila kasi sabi po nila wala naman daw po ako dun ano po ba kaylangan kong gawin salamat po

    Reply
  212. Cha

    Hi, my child is in the care of the father and i am working in singapore. I asked my parents to fetch my son over their place but they didnt give my son to my parents (he is not registered in my sons bc) the police and dswd on their place were also involved and they told my parents that they cannot assist my parents with this matter and that only i can go and take the child back. I am working outside the country, is there any alternative without me having to go back home? I hope you can advise me on this. Thank you!

    Reply
  213. Rose

    Can the DSWD make a decision regarding the child’s custody?the child is living with his father and the boy is already 10 yrs old

    Reply
    1. Anonymous T rex

      No, the court has its own social worker and not from dswd, all is by the judges decision, my suggestion is just bribe the court, since the child is 10 already. Go to the office next to the court, and ask for a officer staff of the judge, talk to him or her and make ur offer. Dswd is just govt project of corruption means. Try going there anonymously and inquire yourself, see how stupid they operate, all of them.

  214. Luke

    Hi. I’m 23 I will be having a baby with a woman from Subu. We are not together and never will be. I don’t live in Asia any more. I want to ease the child in Ireland my country. Do o have any rights in this case?

    Reply
  215. Nikz_0913

    Dear Ma’am/Sir,

    Good day!

    I would like to ask if what case can be file to a person who registered the name of a baby in his/her name? Who has not pass thru legal adoption, the baby was newborn gave by somebody and paid 7,000 pesos only. The baby was late registered and the baby was baptized already, can you help me with my inquiries? Thank you!

    Reply
    1. Anonymous T rex

      Lol he/she will just rebat your file of motion, and will succeed and can even sue you for money, i suggest file a motion of visitorial rights, after achieving visitorial rights of 2 days atleast, get a medical report saying the child is not in goodshape, file a motion and do not return the child, and do not the bring the child on court, after this the case will just go on and go on, you dont even have to attend, and civil case and contempt will not imprison you. So do not be scared. Then move to another town change name and everything, start over.

  216. Anonymous T rex

    Misleading info, its always going to be under the mothers custody, that 7 years old law is crap, I filed a case of sole custody, and the case took 4 years and still nothing, our judicial system is corrupt and slow, all the money i spent went to nothing, i suggest do it the illegal way, kidnap and change your kid’s name. See our country is corrupt and lawless by technicality, why follow it? I followed this website’s advise, don’t be a a victim like me…

    Reply
  217. Ren

    Atty

    Hndi n po kmi mgksundo ng aswa ko. Ilang beses n pg mag aaway kmi pinapanakot nya skin n hihiwalayan n nya ako. Na kkunin dw nya ang 3 yr old nming ank. S knya dw mppunta ang custody ng bata kasi wla nmn dw akong trabaho. Pero sya nmn po ang may ayaw n mgtrbho ako dhil sino nmn dw po mg aasikso s bta eh ngbabarko sya. At gusto dw nya asiksuhin ko sya pg andto sya s lupa. Nkapangliliit po at nkakawalang pg asa. Prng wla akong laban. Kht mgulang ko kumakampi s knya kasi ayw nila n mghiwlay kmi. Pti s mgulang ko wla akong mkuhang support.

    Reply
  218. JEANETTE

    Ask lang po my brother had a son 8 months na sya di sila kasal ng nanay ng bata pero surname ng brother ko gamit n bata. May work n po yung babae at yung bata iiwan sa tyahin gusto oo makita at maalagaan ng kapatid ko bata pero ayaw nila may karalatan po ba kapatid ko sa bata para maalagaan nya? Salamat po

    Reply
  219. A-aron

    Magandang Araw po, Isa po akong OFW 30 yrs. Old at kasal, Tatanong ko lng po sana kung may chance ba akong makuwa custody ng kambal ko sa asawa ko kung sakaling mag hiwalay kame, 4 yrs na po kameng kasal ng asawa ko at maraming bagay po ang hinde namin napagkakasunduan tulad ng pera, bahay.. etc..Ayaw ko pong iwan sa family nya yung anak namin yung Tatay nya kasi ay may iba ng kasama na babae at ganun din nmn yung nanay nya, plan nya pongviwan anak nya sa antique na kung saan hinde nya rin kasundo yung lola nya dun.. sana po may ma ipapayo po kayo n makatulong sa anak ko.. salamat po ng marami.. God Blesa

    Reply
  220. Rea May

    Hi, i need your advise..I have a daughter and she is 3 years old..i left her in a nanny’s house while im working because im a single mother..i dont have any relatives..i got pregnant again and wasn’t able to support my daughter whom i left during my pregnancy..the nanny contacted me and asking me to get my daughter because they can no longer take care of her..but everytime i will tell them i will they will tell me that i have to pay them first before i can get my daughter..i told them i dont have the amount yet because i just gave birth and just went back to work..after my news to them they said that they will be going to give my daughter to someone else because i cannot give them the payment they are asking me..now they said they no longer have my daughter and they already gave it to someone without my consent..what actions should i need to do for me to get my daughter back?please help me.

    Reply
  221. mary

    Dear Atty,
    I have 2 kids, 1 is 4yrs. old & 12 yrs. old. my husband & I were living on his parents since we got married 15 yrs ago, pero di ko n po makasundo ang parents niya at palagi na rin kaming nag-aaway. Meron ibang anak ang asawa ko at gumagamit din siya ng ipinagbabawal na gamot at wala din naman siyang hanapbuhay. Ako ang nagma-manage ng water station business na nakapangalan lng sa kanya. Alam ng magulang niya ang kanyang bisyo at sa kanyang anak sa iba pero wala silang magawa. May kaya ang pamilya nila. Gusto ko nang makipaghiwalay at dalhin ang mga anak ko. Wala akong trabaho sa ngayon pero may naipon ako na alam ko makasasapat para makapagtayo ako ng negosyo at pwde din ako magtrabaho dahil nakatapos ako ng pag-aaral bilang isang Tourism graduate. Hindi nila alam na may naipon ako. Sinasabi ng biyenan ko na hindi ko basta basta madadala ang mga anak ko nang hindi kami nag-uusap mag-asawa. Alam ko naman po na hindi siya papayag na dalhin ko ang mga bata. Ayaw ko rin naman iwan sa kanila kahit pa alam kong kaya nilang buhayin ang anak ko dahil kung sila ay hindi nila kayang alagaan ang mga sarili nila at sa kondisyon ng anak nila ay baka masira ang pag-aaral ng anak ko kapag nalaman niya ang tungkol sa ama niya. Ano po ang maipapayo nyo sa akin at ano ang pwede kong gawin. maraming Salamat po.

    Reply
  222. janet

    hello attorney,

    i need help,meron akong anak na dalawa 4 and 5 years old,gusto ko silang kunin pero ayaw ibigay ng kanilang ama sa akin ang mga anak ko,hindi kami kasal,at sa kasalukuyan po meron akong live in partner sa ngayon,ang gusto ko lng po attorney gusto ko ,silang bawiin at kunin sa ama nila pero ayaw ibigay sa akin,3 buwan na po akong hindi nakikita ang mga anak ko,ayaw kasi ipakita sa akin,ano ang gagawin ko attorney,i need advice..salamat po!

    regards,
    janet

    Reply
  223. Luckey

    Question: in 2006 our child was born by my xgirlfriend, by the time she was born my xgirlfriend did not gave me a chance to hold our baby nor see her until now year 2016. Are there any possible ways for me to know my daughter? She was 11 years old by now. By the way, I got an accident way back 2008 and i have this disability(SCI) I cannot walk and i can only use a wheelchair. Let me know your thoughts pls. Looking forward on your response.

    Reply
  224. vince

    atty..tanong ko lng po..hindi po kami kasal ng ina ng mga anak ko at nasa hongkong sya almost 4 years na pero bigla syang nawala at balita sumama sa ibang lalaki pmunta ng macau at nalaman ko po yon side ng pamilya nya..almost 4 months na syang hindi tumatawag at nagpapadala samin at marami nako ebedinsya na may kinakasama na nga sya..pwede ko po ba syang kasuhan at pwede rin ba syang mawalan ng right para sa mga bata..

    Reply
  225. Andrew

    Goodmorning ask ko how i can take custody of my son, im separated . the mother is now in prison i am the legal father . what steps can i do to legally have custody of my son .

    Reply
  226. Jonathan

    Good day Atty .

    I would like to ask for advise regarding child custodianship. I am married for three years , have a 2 year old son and I am the one working for our family. During those 3 years, I am trying to extend my patience with regards to the attitude of my wife. But, patience has its own limits. I am planning to end our relationship since it is no longer healthy especially to my son. If that happens, I would strongly fight for the custodianship of my son since I could not bear if he grows up without proper guidance and with the same attitude as hers (considering that she’s been raised by her parents as a spoiled brat). It has been a routine for us that after every argument, she tends to be responsible but after a couple of days, her true identity shows up. Aside from being irresponsible, being too demanding is another topic for us. I admit that I have this “kuripot” attitude, but it just for our own good since I am saving it for our future. Everytime she asks for something (which is really unnecessary, considering also my salary I have) and I cant provide, for sure argue begins.

    Atty, would unemployment and her attitude problems (irresponsible) be enough to have my right of child custodianship?..

    Thank you and hoping for response.

    Best regards,

    Jonathan

    Reply
  227. arra

    gusto kopo kasing papalitan ng apilyido ang aking anak
    dahil hindi nman kmi ksal ng dady niya at hiwalay nrin po kmi ng dady niya 3yrs ago na
    gusto kopo kasi n skin n i apilyido ang aking anak

    Reply
  228. Carol

    Hello po. tanong lang po. May anak po ako, 6 years old na kasalukuyan nakatira kasama ang relatives ng tatay niya. Nasa Denmark po kasi ako ngayon and ung anak ko po plano ko kunin papunta dito. Requirement po ang document of sole custody. Paano po kumuha ng document about dun ngayong nandito po ako sa ibang bansa?

    Sana po matulungan niyo ako.

    Reply
  229. Maria Lourdes

    Dear Lawyers,
    Hello. I have a situation. In 2009 I started borrowing my relatives daughter because she was so cute and adorable, since were related the father didn’t seem to be bothered if the child stays with us, I left her with my parents because I have to go to the US to be with my husband and since I have not adopted her yet,I cannot bring her. Now the child is 7 years old turning 8, still the father is a happy go lucky guy. Known as a womanizer and have various kids to different mothers, he got married but womanizing is still there,he never got to support her, when kids was still in formula I used to call him when I don’t have money to buy milk for her coz technically its his daughter,yes he did bring sometimes but not all the time and I found out that He will quarrel with his sister to buy the milk for him when I knew that I never bothered him of the milk or even the vitamins or the doctors check up, its all in my mom and me but sometimes the aunt gives too because she felt shy about the situation, I just want him to be responsible and all but never mind. Like I have said the child is turning 8 and I am the one sending her to school,from tuition, uniform,clothes,allowance,everything and I’m doing it because I love the kid so much. The mother was no where to be found the only time the kid saw her mom when the kid was less than a year old maybe 10 months that’s it and the mom have children from different fathers too. Now the child is with her aunt because my parents were too old to took care of her, but i still do all the financial support. What concerns me is the welfare of the child, the environment she is in is not good and she developed and turned to be emotionally disturbed and I sent her to a Psychologist with her cousin who is a nurse. The Psychologist say that she has to be in a complete family or she will became worst. The aunt she is living now have 2 kids of different fathers too, and I feel bad because the father will not give her to me, His alibi was the mom will not allow, but how come the mother is no where to be found and my concern is the welfare of the child. Her father lives with her aunt but every time I called her on week end I asked her if his dad is talking to her all she said that his father never talk to her or hi is not there or with his girl friend, when the aunt was pissed off of her ( well, kids are kids, they are messy and all) she sent her to their relatives and let stay there for a couple of days but what I don’t like in their other relatives place is that it is “Den of drug addicts,drug pushers and thugs) it is not a got environment either, they don’t bring her to my parents because they were old already. I cried each night in my prayers that God will allow me to get her and to provide her a loving and safe family. What can I do? please help me?
    Thank you and God bless

    Reply
  230. Jenyphere

    I have a 5 years old child with my first live in partner,we separate because he always beats me..Now I have already husband and we are married..My problem is I left my child with my husband because I have to work ..Can my 1st live in partner get my child even without me there??
    I hope you can give me a piece of advice..Thank you in advance.

    Reply
  231. Karl Francis

    hello attorney, i have an issue right now the child ‘s age is 1 year old and is in the custody of the mother. the parents of the child have separated (my brother is the father) the child was with us from birth until 6 months she was very healthy back then, she’s fat (her cheek would even turn red) , in fact she had never incurred any illnesses even for a minor fever. Due to misunderstanding between my brother (father) and the mother she decided to go back to their home province with the child. six months later they came back to us because she could not support the child anymore as she got no job that time. So we got her back with the child and i took pity of my little niece because she was so thin, alot of skin rashes at her back and the neck part was reddish and developed into small wounds (i guess it was because they failed to wipe out the milk that came out from her mouth traveling down to the neck part and perhaps sweat. the worst thing was we have brought the child in several occasions to get checked by the doctor because of fever and upon diagnostic result the kid was diagnosed with tuberculosis (minor) we got her treated immediately, we changed her milk supplement according to pedia’s prescription and slowly day by day the child was regaining her strength and health. now since the child is healthy again she took her back to the province where i feared the child might be exposed again to illnesses and will not be well taken cared of.. the mother of the child is working in the city and she leaves the to her mum’s custody which they dont really have enoughresources to support the child, its in a slum area which the child can be exposed to sickness, they couldnt provide the needs the child and the mother can only visit there once a week as she stays in the city due to distance. what can we do about this? i am concern ofthe well being and welfare of the child what if somethin worse will happen again. please help me attprney

    Reply
  232. Rhea

    Hi i have a 10 year old daughter living with my mum in Manila
    I am presently living with my 2nd husband in Australia and trying to get my daughter to come and live with us but her father is refusing to sign the necessary papers. The father has never been concerned about his daughter nor has given financial assistance there forcing me to move abroad to earn money to support our daughter. I am annuled from my childs father.

    Since meeting my 2nd husband Phil and even before we were married Phil has been kind and given my daughter and me the financial assistance to enhance her education

    What can i do to gain full custody and so enable my daughter to move to Australia

    Reply
  233. Maria

    hi, i am a mother of two. my kids are with their father and was took away from me. i am planning to file for full custody. id like to ask to where and what are the steps. and i would also like to ask where can i get a lawyer preferably not those expensive lawyers. any contact numbers and offices. metro manila base.

    thank you!

    Reply
  234. Lhoi

    Hi! I have a relative. he is the father of the child. they got separated with his live in partner. these past few months, he stopped giving financial support because he was too mad that he couldn’t even have his child or even can have time to bond with her. The mother of the child wont let him have time with the child outside of their house. there were times that he wanted to borrow the child to bring her to his sick father but he was too frustrated because the mother wont allow her. My relative just want to know if he has right to demand or request visitation even just once a week to have time with his child?

    Your answers are highly appreciated.

    Reply
  235. Leah_414

    How about if the situation is that I am the father and the mother of my child is Married to someone else previously. How does that go?

    Reply
  236. neryssa

    i get separated from my live in partner because im been cheated and bothered by him.i decided to leave him,i am n0w renting a r0om with my child.the set up is,im bringing my child to him during the day and taking my child again in the night,n0w the situati0n is this,he has a girlfriend that always at his house and i still c0ntinue the set up,can i file a sole cust0dy of my child who is only 4yrs old and we are n0t married.

    Reply
  237. Maribel M.

    Hi. i and my ex lived together for over 10 years but never been married. We have 2 kids aged 8 and 5. He is not working since we lived together. We ended our relationship last january 2016. I am now with a foreigner partner and planning to migrate in his country but the dad is planning to take the kids from me. What are the things that i can do to prevent it and what are requirements ill be needing to bring my kids abroad. Thanks. Have a great day!

    Reply
  238. Christian

    my father have a 13 year old daughter from another woman. He wants to have a full custody of her so he can bring her to US. What he should do.? The mother says its ok for him to take her daughter to US. We just want some legal advise for what is the best thing to do. thank you very much.

    Reply
  239. sister_seek_help

    hi,

    i need your help,
    my brother had a gf and they have a 2 year old daughter, and he did work hard and provide for the family, though the gf cheated on him thats why they got separated. they both had a written agreement that he have rights to see the child during weekends but the mother and her family never comply for 9 mos now, the baby is turning 2 years old on november and he havent seen her for 11 mos now, and he is devastated for many months and i cant stand to see him like that, i know that he have rights , though its not as strong as the mothers, so please is there anyway that we can have the kid with us, somehow the family of the girl lives in slum, and unsafe place ,so i was hoping if ever can we use it as to our advantage to see the child? pls advise ..thanks,

    Reply
  240. Connie

    Hi atty,
    How long does a custody case normally last and how much would be the cost?I got my Newzealand resident last yr. and i included my 2 sons and they live with me in NZ.coz they got my maiden name. But my 2 girls ages 11&13 yrs old still in the phil and my friend is the one who look after them.i was married to their father and he is not capable of taking care of them. He is jobless ,involve with drugs & have relationships with diff women.He signed an affidavit thet he is giving me the full custody of my 2 daughters.I really want them here asap, and they are not safe anymore. And just want to make sure na hindi kami lolokohin at manghingi lang ng atty. fee.

    Reply
  241. Mia

    I would like to file for sole custody of my 3children. My pulandering husband has a mistress of almost 2 yrs and he got her pregnant now. He is ready to stand as father to the child. I decided to leave him and separate from him. We are in Iloilo and he is in Manila. He has symptoms of Narcisictic personlity disordr and a self xonfesed multiple prsonlitu disorser.he declined seeing a doctor. He and his mistress are still together in the office and flaunting their relationship so his ofismates complained to HR to have both of them sanctioned. My husband is a sup and under him is this other woman who is an agent. I am planning to sue them as well VAWC psychological violence.I don’t know if Concubinage is appropriate since they are not living together yet but I hope the court can order a dna test if he keeps denying he is the father of the baby. How do i go abt the case?

    Reply
  242. jhoy

    hi good morning i have a question i had a friend and she’s married to korean and they had a son now they got divorced all the authority and the custody of the child is on the father but the mother bring her son to the phlippines without the consent of the father. And also the passport of the chils is already expired what if the father wants to bring his son back here in korea what are the ways that he has to do and can he file kidnapping against the mother? by the way the child is already 6~7 years old. thank you hope you can help us God bless

    Reply
  243. Jannet

    hi,gusto ko po malamn kung makukuha ko ba anak ko?
    hinde po ako kasal sa tatay ng anak ko
    nakapag asawa ako from USA,I left philliphines nung 4 years old anak ko,iniwan ko sya sa magulang ng tatay nya dahil nkikiusap sila na dun na muna anak ko habang di ko pa sya nakukuha,dahil mabait magulang ng tatay ng anak ko iniwan ko sa kanila,at doon nakatira yung tatay nya sa magulang nya,lagi ko nakakausap anak ko skype and phone call,and send money for her and for the lola,6 years old palang sya kinukuha ko na sya,pero dahil sa pakiusap ng lola na wag muna,pwede daw ba pag 9 or 11 na sya,,,now 9 years old na sya,,planning to bring her na dito sa USA,BUT her lola passed away last june 2016,its all set bago sya mamatay naguasap kmi na kukunin ko na anak ko dito.but now im having a problem,,,,YUNG TATAY NG ANAK KO AYAW IBIGAY SAKIN YUNG ANAK KO,HE SAID WERE GOING TO COURT,,,ayaw nya ng ibigay anak ko skin,,,gusto ko po malaman kung mananalo ba ako o makukuha ko ba anak ko?Thank you in advance

    Reply
  244. mary honelou

    Go good day im seeking for your help my son is 13 mos old last january I entrust him to the parents of my bf which acknowledge him as a father I go because I need to work in manila as a call center agent but even I cannot visit my son because of the nature of my job I see to it that I have constant communication to him 5 mos that I have seeing him to messgr I make sure that during my a day of rest is Im seeing him in messengr but it lasted for 5 mos because they cut the internet connection and that time started that im started longing to see my son I was asking them if I can borrow my son and take him with me for a month because I dont have enough time to go to bicol and spent my time for him I have very limited time but they keep on saying that I cannot get my son, do I need to begged them in my child custody I tried to please them but they dprived me of my right to have my child custody please help me

    Reply
  245. Danilo

    Mga Sir pwd po magtanong. Ano po ba ang karapatan ko bilang tatay. kasi po dadalin ng nanay nya yung anak ko papunta US. meron po ba akong mahahabol? Ayaw ko lang po mawala yung anak ko

    Reply
  246. McLaren

    Good day sir,

    My ex live-in partner had an affair while we were together for two years. We had a son. Even though she had an affair, I still stayed hoping she would change for the better. But I was wrong. In the end, I left her and pursued for my nursing review. I tried getting my son back because of her mother’s ill attitude towards my little boy. And now, she won’t even let me have a time with my son. What legal steps should I take towards this situation?

    Hoping for your kind reply.

    McLaren Heuer.

    Reply
  247. Kenneth

    I am an American and i am married to a filipina and i have a child. I went back to America almost 7 years ago and got a good job and was going to bring my wife and child to America but i got hurt could not work. I have been fighting for SSDI for 6 years, and i finally won, but my wife has another man now even though we are still married. I am going to go back and live in the Philippines and be with my daughter. My wife has taken a job overseas and left my daughter with her aunt. She said i can’t make my daughter an American citizen so she can have rights to my SSDI if i die before she is 18. She also said i cant be alone with my daughter and she cant live with me while she is working in Taiwan. Can I take her to court for rights to my daughter even though i am not a Philippine citizen? Do I have any rights to my Filipino daughter?

    Reply
  248. Vhelle

    I adopt my niece baby (4months) last February because she couldn’t raise her. Even at first I don’t want to because I’m single but she said she will look for someone to adopt her baby if I don’t agree. Because of that, I took her in my care. We had a written and signed document along with our witness that she is surrendering her daughter to me as I am going to be the mother of her child. I even ask her to think about it and stayed at my home for 2 weeks with her whole family. The reason I agreed to adoption because of the things she did back while she just gave birth and tried to cover her baby’s mouth and nose (basically trying to kill her) and there’s a point in time where she can only feed her baby water and sugar. Also, she bathes her on the drum full of water. I am worried for her welfare so I decided to adopt her (not legal adoption).

    I care and give everything for that baby for seven months I also allowed them to visit her. Though times that they wanted to come here at my home but it seems that the real mom doesn’t give a damn of her baby. Then they told me that the sister of the father of the child wants to adopt the baby as well. Then her story rumbles and she wants now to at least to give her 1 day to spend time with the baby and take her all the way from Bulacan. That’s the time I said that I won’t allow it since I am already the mother of her child. That she is not some kind of a dog or a thing to be borrowed.

    Then after a month DSWD came to our home and gave me a letter to appear for the custody. I explain to them in tondo dswd about what happened, how it all began. Then the dswd told me that I do not have the right to claim her baby. But, she will still remain in my care and they will investigate first for 3 months if the mother is capable to taking good care of the baby. If she can support her every day needs. In the mean time, she has to start supplying her milk and diapers.

    That was tuesday but just a 2 days after they came again and she already got the letter from DSWD San jose del monte bulacan granting her to take the baby. That she is capable.

    How can she be capable that easy if she couldn’t even support herself? That she is studying and also working as a sales lady. How come they granted her shouldn’t they look if she is capable psychologically and mentally as well? Is it possible because they should have called me in there to know my side of the story before they grant her?

    I really do need your advice. I am worried about the baby. She is starting to get sick.

    Reply
  249. senen

    Magandang Araw po sa inyo Atty.,

    Ako ay may problema regarding sa costudy ng mga anak ko. dalawang lalake isang 7 years old at 4 years old. nakatira po ako sa san jose delmonte bulacan. nagtatrabaho po ako bilang isang graphic artist dito sa manila. umuuwi lang po ako sa bulacan every weekend kasi po medyo maliit po ang sweldo ko at medyo malaki ang nagagastos ko sa pamasahe pag uwian po ako sa amin. nasa P4,600.00 pesos po ang naiiuwi ko sa amin kada lingo. ang mga anak ko po ay nag aaral sa La conception college sa bulacan. isang grade 2 at kinder 1. ganito po gusto ko po malaman kong ano po ang gagawin ko kasi po ang ina ng dalawang anak ko po na ito ay nag demanda ang gusto po nya ay maibigay ko ang gusto nya na kahit hindi ko po kaya. nag sama po kami ng 9 na taon sa 9 na taon na po yun ay hindi maganda ang pag sasama namin. nan doon po na ilang besis ko po sya na huli na may ibang lalake na tinatagpo, nahuli ko po yon sa email nya mga pictures po na naka hubad at video na nakikipag cybersex sya. mga picture na nakahubad sya na pinapadala nya sa mga ka chat nya. nakuha ko po ang attention nya tungkol doon ang sabi nya sa akin hindi nya raw kasalan kong bakit sya nag kaka gayan kasalanan ko daw kasi niloko ko sya pinangakuan na papakasalan. nung mag ka kilala kami kasal po sya may asawa sya hiwalay po sila wala syang anak doon sa asawa nya. may intensyon naman po akong pakasalan sya kaso nga nong makita ko ang mga emails at chat nya hindi ko na po itinuloy ang plano ko. at ayon ang isa sa mga problema ko. nag usap na kami na pag ginawa pa nya ulit makikipag hiwalay na ako sa kanya.. ayon po naulit ulit kaya nag disisyon na ako nahiwalayan sya. ngayon nag demanda sya kasi ang sabi nya na meron pa den daw po akong responsibilidad sa kanya kasi sya dw ang ina ng dalawa kong anak. hindi ko po sure na kailangan po ba meron? o sa mga anak ko lang po?. saka ang sabi nya sa akin noon na wala daw po akong pakialam kong ano man ang gawin nysa kasi hindi naman daw po kami kasal? tama po ba yon? meron po akong mga proof na magpapatunay sa mga na kuha ko sa email nya? magagamit ko po ba yon pag nag harap harap kami sa korte.? sa november 3 po kami mag haharap harap. ang dalawa kong anak po ay nakatira sa bulacan sa bahay namin. ako po lahat ang nag babayad. wala pong trabaho ang ina nila. ako den po ang nag babayad ng katulong at tutoor ng dalawa kong anak. at saka nga pala po nan doon den ang anak kong 17 years old sa bahay namin sa bulacan doon den nag aaral sa La Concepcion college. ako den po ang nag paparal sa kanya. lahat po binabayaran ko pagkain koryente bahay tubig katulong tutor service sa school baon ng mga bata pagkain sa madaling salita full support po ako sa mga anak ko. ang ina nila dating nag work sa call center kaso po hindi tumatagal ng 6 buan humihinto po. sa bahay naman po sya walang ginagawa kondi ang mag hawak ng cellphone buong araw hagngang madaling araw. ang katulong po ang nag aasikaso sa dalawang maliit hatid at sundo sa school. at saka minsan ang anak kong 17 years old na lalake. ang binabayaran ko po sa katulong ay P4,000.00 at sa tutor po ay P1,000.00 buwan buwan. wala po akong reklamo sa mga suporta ko sa mga anak ko. ang ina nila po ngayon ay walang trabaho na sa bahay lang. minsan umaalis hindi ko po alam kong ano ginagawa nya pag umaalis sya. ano po ba ang dapat kong gawin para pag dating namin sa korte ay maipahayg ko ng mabuti ang lahat at isa lang naman ang gusto kong mangyari makasama ko ang dalawa kong anak kahit weekend lang. at kailangan ko po bang ibigay ang hinihingi ng ina nila na hindi ko naman po kaya? hangang saan lang po ba ang kailangan kong ibagay para sa mga anka ko? responsibilidad ko pa po ba ang ina nila kailangan ko po ba na bigyan sya ng sustento? kahit hindi kami kasal, kahit may nag aalaga na sa mga anak ko po? saan po ba dapat ako lulogar? ano po dapat ang gagawin ko?

    maraming salamat po Atty.

    best regards
    senen baterna

    Reply
  250. Ruth Ann

    Hi, Atty. gusto ko lang po if may laban ba sa husgado kung yung tatay ay wal sa birth certificate? pde bang mkuha ng tatay yung bata if ever mag pa affidavid na mailagay yung tatay as father in birth certificate? If okay n po na legal na ung father as a parent ng bata pde po b sya umapila ng child custody ? 6 years old n po yung bat? nkatira sa nanay ever since kse my knasamang ibang lalaki yung nanay and may anak n po yung nanay sa ibng lalaki. panu po kaya makukuha ung custody ng bata? if mg file po ba yung tatay ng case for the custody my laban po ba sya? please advice naman po.. Thanks po..

    Reply
  251. gary

    Good evening po Atty.!…
    May anak po akong babae na ngayon ay 7 yrs old na ngayon. May kinakasama nang iba at nag kaanak pa sila.,, kasal po kami sa simbahan nag kahiwalay kami nung 2012,,. Gusto ko po sana na makuha ng legal process ang custody sa bata. Ang plano ko po sana na mag file ng adultury sa kanila para makuha ko ang anak ko ngunit naaawa ako sa anak nila.. May iba pa po bang paraan pra makuha ko ang anak ng legal process…
    Salamat po!…

    Reply
  252. Ling

    Hello Atty,

    My sister passed away September of last year. She have two kids 4 and 2 years old. The kids is now in the costudy of their grandparents in father side. He (the father of my neice) is now working in one of those well-knowed company in our country, getting a salary of just a minimum (less than 500Php/day). I know that even if your salary is more than Php 500 it is still not suffecient enough to have fair living . Specilly when you are renting a room and own no car. If i can prove to the court that i am more capable and financially ready. Now i want to ask you if their is any posibility to have the costudy of my neice having that situation.

    How

    Sincerly
    Lingwill

    Reply
  253. Jane

    Hello po mr. Atty. I just wanna ask…May asawa po ako pero hindi kami kasal .Live in lang kumbaga.Ngayon may iba syang babae at manganganak na this december.Yung mga anak ko nasa nanay nya sa province kasi nandito ako sa manila nag wowork nagpapadala lang ako ng pera linggo linggo.Ngayon uuwi sana ako sa provincia ko sa Surigao at nais kong dalhin ung mga anak ko pero ayaw ibigay ng ama nila.Nais raw nya dalhin sa bago nyang kinakasama. Hindi kopo alam kung may laban ba ako pag sakaling ilayo niya ung mga anak ko eh hindi nmn sya nagpapadala ng sahod nya nitong huli…Salamat po if ma advice nyo ung dapat kong gawin.

    Reply
  254. Cedric

    Atty, i have an issue sa custody. I have a daugther and her mother and i are not married.
    Now i want to get the kid to get her to a good school or take her here in Singapore where the education is supreme in Asia. In fact no.1 na education system dito. No matter how inexplain it to the mother she dont wanna hear it. I always hitvthe wall at ang katwiran nya sa lugar namin mag aral ang bata blocking all possibility for the kids future.
    I wanted to file a case not to actually take the cuatodybof the kid ut just to get her to study outside our sleepy place.
    Is there any avenue in phil law i can explore to force her into submission?
    I need your in depth advice on this and if you may, kindly give me your number or other contacts(email perhaps) so we can discuss this at length.

    Reply
  255. Lyn

    goodmorning po…meron po kasi akong pamangkin na anak ng cousin ko.yung cousin ko po minor so nanganak xa sa amin.pero pag alis nya sabi nya iniwan nya ang bata.ngayun po sabi ng isang ante ko aampunin nya kasi wala xa anak.imbes na kegal adoption paper inerehistro po ang bata na ang nanay na nanganak ay ang anye ko.ngayun po ng abrod yung ante ko.ako po nag alaga sa bata until 2yrs old.then nag abroad din ako.ang bata inalagaan ng mama ko.anu po gagawin ko kung sa tingin ko wala naman na talagang interes ang nag ampon sa bata.nais ko po sana gawing legal ang pag adopt at ako na ang parent ng bata.

    Reply
  256. kaila

    my brother wants to get custody of his 2 years old daughter. his live-in partner lives in the province with the child and always leaves the child with the care of her mother who too old to care of my niece, whenever she wants to leave the province and go to manila. most of the times, napapabayaan na po yung bata. his live-in partner already abandoned her first born with another man and now in the care of her previous live-in partner. pumapayat yung bata, may mga sugat sa kung saan saan bahagi ng katawan.
    nakuha ng brother ko yung anak nya at pina check-up, mostly virus and caused ng mga sugat na pabayaan kaya kumalat.
    may chance po kaya na makuha na ng brother ko anak nya and just to stay with him. willing po kameng kumuha ng lawyer for this concern. thanks.

    Reply
  257. Camille

    Hi Attorney,

    Just want to ask for some advise. I am married and I found out that my husband has a mistress and left our house with our 1 year old son. I allowed him to borrow our son once a week since he’s still the father provided that he will not bring my son to his mistress. But then a friend told me that they see posts in social media showing that my husband and my son is together with the mistress in a resort. My husband is not telling me the truth of my son’s whereabouts when he borrowed it. So knowing that I told my husband that I will no longer allow him to borrow my son. And now that he no longer borrow’s my son, he also stopped his financial to us every month.

    Can I still demand for his financial support to me and my son even if I no longer allow him to borrow my son, even if I have reasons to do so? Are my reasons valid for not allowing him to borrow my son?

    Hoping for your advise on this matter.

    Thank you,
    Cams

    Reply
  258. chin

    Good Day!
    Gusto ko lang po ikonsunlta itong problema ko.
    May dalawa po akong anak at sila ay nasa pangangalaga ng kanilang ama kasama ang Lolo at Lola nila.
    Ito po ay sa kadahilanan na mayroon kaming problema ng ama ng aking mga anak kaya kami ay pansamantalang naghiwalay.
    Nagkaroon kami ng kasunduan na hihiramin koang aking mga anak kapag bakante ako dahil ako po ay isa pang estudyante. Ang problema ko po ngayon ay ipinagbabawalan ako ng kanilang Lola na sila ay bisitahin.Ano po ang magagawa ko?

    Reply
  259. Jeffrey

    Hi im jeffrey kasi po young lola ng anak ko gustong makuha sa akin pero nag usap na po kmi ng ina ng aking anak na sa akin muna ang anak namin ngaun medyo nag away po kami ng ina ng aking anak ngayon po gusto ng lola ng anak ko ay sakanya dw po ang anak namin. Pero sa istado ng kanyang buhay ay hnd maganda… Ang tanong ko po kung my karapatan ba ang lola na makuha ang anak ko

    Reply
  260. Marissa

    Good day Atty,
    I have a 2 years old son his carrying the father’s surname. But were not married. Hiwalay sya s asawa bgo naging kame. At bgo sya nagpakasal sa ex wife nya,may anak sya sa iba,at kasama nya ngayon.I’m working as a ofw now and its just 3 months from now.Habang kame nagka affair p sya sa iba at may anak na mas bata sa anak ko ng 1 year.Hinayaan ko LNG po sya kc sabi nya ako nmn DW ang asawa nya,hayaan LNG DW nya yun. Now, im working as a ofw 3 months from now.Pero 1 month ago, nagtalo kame for not telling me sa sitwasyon ng anak ko.He left the home (my parents home) and dinala nya yung anak ko.
    Now, he is living with that girl. Their 1 year old daughter and his oldest daughter with his father and grandmother. Wala xang trabho ngaun,pa extra extra LNG,namamasada minsan.manginginom po xa at babaero. Nakulong din po sya ng kapapanganak ko plng dahil s illegal position of firearms.At nag aalala po ako kung anong behaviour magkaroon anak ko kung sya any kasama.
    Anu po any dapat Kong gawin PRA makuha ko ang anak ko ng legal.ayaw nya kasing ipahiram ung bata sa amin. Parehas kame ng bayan,magkaibang brgy LNG.
    Hoping to have a good and immediate response regarding my problem,
    To god be the glory.

    Best Regards,
    Marissa

    Reply
  261. joy

    magandng arw po atty..
    meron po kc aqng dlwng ank nsa dti q png klive-in knukha q n po pro ayw n png ibgy ng nany nya skn,dhln po nla pnbyaan q dw po
    kht po ang dhln ay iniwn q pra mgtrbho
    dhl hnd nmn po aq bningyn ng pera o pnggsts man lng at bukod po don ung ngssma pa ho kme ay nmbabae pa ho sya at my nbuntis pa ho syang ibang babae nung ngssma pa ho kme,pero ang gsto q lng ho tlga ay ang mkugg ang mga ank q.

    sna po ay mtulungn nyo po aq

    Reply
  262. Lady vien

    Hello atty..this is lady vien fernandez a single mother was pregnated with the same of my age 20 years old..we didnt finish our studies and wanted to ask from your legal rights advise?? What are my rights and legal actions regarding with my baby have no work..cant afford to feed and provide my baby daily needs..i am abandoned with his father and dont get any form of financial support..i leave this in your good hands…

    Reply
  263. Jamaica

    Hi attorney need some advice i have one child who is now 10years old and his father didnt give a support were not married now hes is jail now can i take any support from him?

    Reply
  264. Mary ann

    Good day attorney.
    I want to ask you regarding child custody… i am married for 13 years but i want to get out from this marriage because i can no longer live with my husband… who is unfortunately still relying on his parents support for almost 13 years now…the feeling is gone and i can no longer see any reason to live with him… he is very lazy,and all.he has used drugs,that probably caused his depression.and he is fond of playing e-games eventhough he has no income,he gets it from the money of his parents….and now that i am fed up with all these, i want to leave him,maybe file a legal separation against him…but i want to leave him first…now, my problem is they want 2 out of my my 3 kids…his mother wants it for him to avoid stress and depression again…now, i dont want them to have even one of my children…what to do? What are my rights as a mother…i am unemployed,and i am planning to get a job before i leave him,otherwise my parents and my siblings will be the kne to support me and my children financially…if i dont get a job immediately.
    Thank you

    Reply
  265. Franz Anthony

    hi atty. i have a son but we are not married. when the child was born, the registrar did allow the mother to use surname and put my name in the birth certificate. i compiled the requirements here in australia made an affidavit acknowlegde as a father and the use of surname. i had made the affidavit in the philippine consulate and it has been red ribbon. since birth the mother made an effort to process the papers. ive been supporting her and her family since she was pregnant. the was with her for 2 yrs and i been supporting the child including the family of the mother. last yr november the child was in our custody until now with the care of my parents. his with them without the support of the mother. she didnt even send a single centavo to financially support my son. and now she got pregnant and be married on january. shes planning to get the child from my parents and bring the child to US because his marrying a US citizen. im so worried because i dont have the legal rights of the child since his a illegitimate child. i would to know if i have a fight on the costudy of the child? my son is still below 7. i hope you can help me with my condition. im currently here in australia.

    Reply
  266. Aroha

    Hello attry. Just want to some advise lng po. 8 yrs na po ko hiwalay. 2 yrs old plang anak namin ng maghiwalay kame isa anak at kasal po kame sa pinas. Nasa italy po siya at kasal na. Gusto ko lng po makuha ang full custody ng anak ko para maging residency siya sa nz dahil need ko po ng custody of child pano pano po ba ang dapat ko gawin. Ano po ang mga kailangan ko to file and to get full custody while outside philippines po ako.

    Reply
  267. klinthon

    atty. what if yung anak ko is under the care of my cousin from grade 1 to 3 and allof hos financial support was given by those who adopt without us neglecting our child can i get my son back after 3 years of abandonment of my child?

    Reply
  268. Mhai*

    Good day atty.

    Tatlong taon po ang anak ko hindi po kami kasal ng ama niya pero sa bahay kami ng parents niya nakikitira at same po sila ng last name ng ama niya. Wala po kaming trabaho ng ama niya pero gusto ko pong nasa full costudy ko po yung anak ko.

    Reply
  269. Colyn

    How are you atty. Fred… i have a question… what if the couples was not married and they got separated because the man was having an affair with other woman… They have a children an 11years old and a 4 years old.. then the father came back to thier house and waiting for the mother to have relation with other man, well its because she’s already separated to his hausband, and if he caught his exwife he said that he will take thier children away from her… is it posible or is there any way that the father can’t take away the children from thier mother? Or what else that the mother can do to prevent her ex hausband from taking thier children away from her and have a new partner in life… i’ll be waiting for your answer atty… Thanks in advance and more power to you…=’)

    Reply
  270. Marilyn

    Good day atty. I want to visit my children that I haven’t seen for six years. I accidentally left them to my parents in law. I really want to get them since the day that I ran away but I never did because I was afraid, my husband might killed me beaceuse he always kick me in fact that is the reason that I ran away…I don’t have any plan to get them, all I want to do is to visit them..But my husband and his parents doesn’t want it..Please help me. Thank you atty. God bless

    Reply
  271. Peanut

    Good Morning po gusto ko lng po sana malaman kung magakno lng dapat ang ibigay na sustento ng fiancee ko sa anak nya sa ex girlfriend nya? kase po gusto namin gawing legal ang pagsustento sa bata lalo na’t may bisyo yung ex nya. Sana po ay bigyan nyu ng pansin ang tanong ko. Salamat and God Bless po.

    Reply
  272. Charlotte

    Hi Atty! My cousin is in need of help. His youngest child who is 2 years old was taken by his wife (they are separated but not yet legally) without his permission. He is no longer seeing his youngest as his wife does not allow it. Their 2 eldest who are 11 yrs old and 8 yrs old is under his custody. In addition, his youngest is in Quezon City being cared for by his wife’s relatives and the wife is living in Laguna. Please help us on how to get the custody of the child or even get his visiting rights.

    Reply
  273. Khaye

    Hi Attorney please help us, yung asawa kasi ng brother ko nanlalalaki habang nasa abroad ang brother ko then pag uwi niya nahuli sa chat po..ngayon yung dalawang bata nasa custody po namin ng brother ko, kinukuha siya nung asawa ng kuya ko..kukuha daw siya ng private attorney, naka pau naman po kami kaso baka sakali po may mai advice po kayo. Ano pong grounds ang pwede namin gamitin para mapunta sa custody ng kuya ko yung mga bata? By the way 10 and 3 y/o po yung age.

    Reply
  274. Ricky C.

    I have a question, i am separated from my live in partner for 3 years now and we have two children the eldest is 7 and the younger one is 6, and now i am legally married to my new wife. My ex live in partner is asking for a child support will this affect my legal wife if i will not give child support for my children because the money is not use by my child instead she used it for personal agenda

    Reply
  275. merjulyn

    HI ATTY,

    My boyfriend wants a full custody of our child and wants me to sign an agreement.Is there any ways I could fight back to get that custody and at the same time have a financial support from him? as I am not capable of raising the child alone without any financial aid.badly need help pls advise

    Reply
  276. Jeffrey V.

    Please advice what to do, Kakapasal ko lang po last year with my 4 years girlfriend at may anak sya sa last boyfriend nya, 8 years old na ang bata. Tanong ko po is ano po ang legal action na pwede gawin para mailipat ko sa pangalan ko yung bata, ang gamit pong last name ng bata is yung last name ng mommy nya before kami magpakasal, pwede po kaya maging anak ko sya since wala pong nilagay na ama sa birth certificate ng bata, para hindi lalabas na adopted ko yung bata. By the way yung biological dad nung bata is may sarili na pamilya. Thank you

    Reply
  277. Ivy

    Hi Atty.,

    I have a UAE national friend and asking for your assistance to help him get his son to his wife in the Philippines. They have been separated for 3 years now and the wife is currently working in Lebanon while his son is being taken care of the wife’s mother. is there a way that he can get his son and bring him here in UAE.

    can we call you and ask for all the requirements needed, because his planning to go there to process this case and he can start preparing on the requirements the court might be needing while he is still here.

    Thanks,

    Ivy

    Reply
  278. bong

    Good day po Attorney, i would like to ask for any legal advice, I am married and have 2 daughter, but as of now its been 2 years since me and my wife separate but not legally, she is now working abroad and I am here in Philippines working also, my problem is our two daughter is with the parents of my wife, I would like my kids to be with my parents since every week end i went home to my parents house, but my wife doesn’t want that set up, she insist that the kids since below 7 years old should be with the mothers custody and in behalf of her, were her parents, and specially now that me and her parents have a conflict actually I have a threat from her father so there will be a problem with i will go to their place to visit my daughters. Please give me legal advice on what to do with this situation. one more thing a stopped sending money to the parents of my wife for my kids since last year because of the conflict.

    Reply
  279. ezekhiel

    Magandang araw po sayo atty.

    May anak po akong 5years old na babae.. OFW po ako hndi po kami kasal sa nanay nang bata.. gusto ko pong kunin anak ko sa kanya para kahit papaano gumanda buhay nang anak ko.. pinapadalhan ko sa una ung mag ina ko, tpos hanggang sa dumating ang araw na nagkalabuan kami.. may ibang lalaki sabuhay niya tanggap ko naman un.. sa akin lang gusto ko tustusan ang anak ko kaso ung nanay niya ayaw niya maki-alam ako sa anak ko tpos kalimutan ko na raw anak ko.. gusto niya ayaw tumanggap nang gasto galing sa akin ang anak ko.. ano po pwde gawing ko?

    wala pong birth certificate anak ko.. asahan ko po reply niyo

    thank you and more power!!

    Reply
  280. dale

    Good Afternoon po Atty.

    yung kuya ko namatay na po siya,,,tapos yung pamangkin ku po ay nasa custody ng kanyang lola(mother side)…yung nanay po ng pamangkin ko ay nasa abroad,,,kaso po yung lola niya is ayaw na po niyang papuntahan or ipasama sa amin yung pamangkin namin…tanong kulang po kung may habol po kami sa pamangkin ko kahit namatay na po yung kuya ko?

    Reply
  281. Gemma

    Hi po atty nabuntis po ang kapatid ko nung nasa college sya at of course nung sinabi ng kapatid ko sa lalake. Deny naman si lalake na hindi kanya yung bata. And so after she give birth the family of the guy claim the baby that it’s their sons child. Nasa kalinga ng kapatid ko ang bata at the since the hindi pa ito dinalaw ng lalakeng nakabuntis sa kapatid ko sa bahay kung saan nakatira ang mag ina maliban sa mga magulang ng lalake. Hindi pinagkait ng kapatid ko na dalhin ng mga magulang ng lalake na nakabuntis sa kapatid and bata para mamasyal sa kanilang probisya at binabalik din naman nila itong bata sa ina. Walang kontak ang kapatid ko at ang lalakeng nakabuntis sa kanya. May mga buwan at araw na iniiwan ng kapatid ko ang bata sa nanay ko para makapag trabaho sa ibang probisya at matustusan ang pangmgailangan ng bata. Tumutulong din ang mga magulang ng nakabuntis sa kapatid ko. Pero nitong makaraang buwan at araw simula nung buntis ang kapatid ko sa fiancée nya panay na ang harass ng mga magulang ng lalakeng nakabuntis sa akin na kukunin nila ang bata kasi wala daw syang trabaho at di kayang tustusna ang pangangailangan ng bata. Ang fiancée po nya ang may trabaho at sya po ang katiwala ko sa bahay ko sa pinas at nagpapadala po ako buwan buwan ng pera sa kanya. Pinipilit din po nila ang kapatid ko na palitan ang apilyedo at ibigay sa kanila ang bata. At pinagkamamalaki din po nila ang mga bigay at tulong nila sa bata. At nagtatangkang idedemanda daw nila ang kapatid ko. Ano po ba ang pwedeng gawin? What visitation rights? Can she file for visitation set up? And can she file for child support even though they are not married? At yung lalakeng nakabunstis sya kanya I think is Philippine army. Is he breaking any law by denying the child? Thank you so much.

    Reply
  282. concern101

    I have a friend, her and her husband verbally separated last November 17, 2016. They have a verbal agreement that they will have a schedule in custody of their son (weekdays for hers and weekends for him). They are living separately since November. Yesterday, February 7, 2017, her husband secretly took her son away without any permission from her. Blocked her on Facebook, phone cannot be reached. All of her family members was blocked on his Facebook account. Luckily, she was able to logged in to his Facebook account and find out they went to VIGAN. His niece accommodated them there. Is there a chance that she can have her son’s custody because of what he did? Is it considered as kidnapping in her husband’s side?

    Reply
  283. Zedie

    Hello po atty
    I have a 12yrs old daughter hes is my illegitimate child I took her here in new Zealand October 2008 till now im struggling to go for holiday with her or to enroll her in collage as hey need sher fathers consent… would it be possible to file full custody in the Philippines while im in nee Zealand?

    Reply
  284. Glenda

    Hello po atty.kapag po ba nasa abroad ang nanay ng bata pwede po bang kunin ng tatay yung bata??kasal po sila pero ho di po sila nakatira sa iisang bahay naiwan po sa nanay ng babae yung bata pero ayaw po ibigay yung bata sa tatay.anu po kaya ang pwede gawin.umalis po kasi ng bansa yung nanay ng di nagsasabi.

    Reply
  285. Rebecca

    Goodevening sir, I would to seek advice. 2yrs ago I worked as an ofw and left my 5 yrs old daughter to my mom. Wala pang 6months kinuha siya ng ama nya at nag board ng room somewhere. I’m sending Lil amount for my daughter during enrolment, birthdays and Christmas. Now, gusto ko po na idalaw nya anak ko sa akin even weekends but ayaw ng father ng bata. Anu po ba ang pwede kong gawing hakbang tungkol dito…mag 8yrs old na po ang anak ko this coming May.
    Waiting and thank you so much!

    Reply
  286. Bry

    Good day Atty.
    Does those “compelling reasons” rule also apply to illegitimate child or only bound for legally married?

    Thanks and regards,
    Bry

    Reply
    1. Jaime

      Atty, I am a mother of 2 kids, the father who is now living-in with both our former officemate, does not want to comply to the agreement that when the kids are with Him, the girl should not be with them. For some moral reasons. . .

      He sent a demand letter back, saying that he does not only want an overnight but 3 days in a week. My kids are 4 and 3 years old. And I really don’t want them to have overnights with Him. Because he has moral issues too. Should we reach court, is there a possibility he would be granted to be with kids for a longer time? Thank you very much.

  287. MARY ANN

    Magandang Araw po,

    Kaso po ito ng kapatid ko , may partner po sya at nagkaanak po sila… may ANim na buwan na po yung bata.. (babae) . Pero kagabi lang po, umalis siya bitibit yung anak nila ng kapatid ko. wala po syang paalam.. nagulat nalang po ang kuya nung tumawag na bantayan ang bahay dahil umalis na daw po sya… Sinibukan namin habulin pero di sya nakita… Sa pagkakaalam ko po taga Tuy, batangas ang Babae.. wala po xang trabaho,,dahil simila nung nabuntis sya samin na sa tumira.. Di naman po ganon kaayos ang pamumuhay nila sa batangas… Gusto po ng kapati ko na makuha nya yung anak nya.. Ano po kayang ang maaari naming gawin… Salamat po.

    Reply
  288. Juan

    Hi, I am an American residing in the Philippines and I have 2 children, ages 5 and 3 who are in the custody of my ex-gf, who I could never marry because she lied to me and said she was single but turned out to be married to another Filipino dude who is an OFW in Saudi. We ended up having 2 kids because she knew how to abuse and control me. She lied to me and said she had an annulment but she is a compulsive liar.

    She now has a new black American boyfriend who is sending her Western Union money by remittance every month, so she now wants to cut me out of the picture and replace this guy as my kids’ father and she makes my kids call this ugly baldheaded dude “DADA”.

    She is using a very extreme form of parental alienation against me and she even took my son out of kindergarten (I was paying the tuition), so she can ensure that my kids cannot speak to me in English since my tagalog is kunteelang. She has hardly any education so school is not really important to her and books are like Kryptonite to her unless it is a porn magazine.

    She is really insane and I really can’t figure out how I got caught up in such a mess. Loyalty or stupidity? I guess both? My kids look awful…malnourished,scars from mosquitoes and random beatings from her. Filipinos wont listen to me bc she plays the vicitim and tells everyone im some psycho foreigner who gets drunk daily and likes domestic violence. The crazy thing is that I’ve been separated from her for 4 years now so her reasons for paternal alienation cannot be validated. I am guilty of calling her a scumbag whorebitch and cussing her out constantly (which im trying to get under control) but what do you expect? She is robbing me of precious time with my children that cannot be replaced..

    I filed a case with DSWD but they are slow to respond and they use a yahoo email address which makes me think this agency is very underfunded and understaffed because they dont reply to my emails and none of their phone numbers work. I was assigned a case worker but she called me once and never called again. I don’t know what kind of agency that is but it seems very unorganized and they really dont know how to handle parental alienation cases? I’m not sure. I hope they will do something or I guess I need a lawyer in this situation.

    If you are a lawyer and you geniunely care about helping me (not collecting high retainer fees from a foreigner) because I love my kids and the only thing I am guilty of is ending a 6-year relationship with the craziest bitch from Tondo, Manila, please contact me at acuario2015 at gmail dot com. Thanks!

    Reply
  289. Roniel

    Good Day Attorney,

    Im the father of two illegitimate boys. Their mother and I have been separated for nearly 3 years and during that time my sons have lived with my age 6 & 7 and I have supported 100% of their needs. Now their mom wants to take them away even though we agreed to joint custody in Pasig court.

    I dont want them taken away. Can you guve me advice.

    Thanks,
    A Dedicated Father

    Reply
  290. william

    Magandang hapon atty.Tanung q lang po about sa anak ko na asa aking pangangalaga.Ako po ay isang sundalo.3 Years na po kmi hiwalay ng asawa ko.Hiniwalayan ko po cia dahil nalaman q na nanlalalaki cia at ibinalik q na siya sa kanyang mga magulang. .Tapos marami na din po cia nakarelasyon na nalaman ko.Ngaun po nag file aq ng annulment kaso sabi nya papayag lang sya pag pumayag aq sa kondisyon nya na schedule ng anak namin.halos 3 years din cia d nagpakita smin ng anak namin ngaun po ay un ang gusto nya.Ang totoo po neto after ng kasal namin nalaman q na my anak na pla siyang pinabayaan sa Cebu at iniwan sa kanyang mga magulang tapos sabi nya patay na daw un.Ag totoo pla buhay pa pla ung bata.makukuha nya po ba ang anak namin o mananatili skin ung bata atty? .

    Reply
  291. Rensy

    Sir magndang arw po. Ano po ang dpt kung gawin. Nag hiwly kme ng live in prtner ko. Sumam sa lesbian iniwan niya ank ko s kin for 1 year tapus bigal bumalik kinukuh niya anak ko. Ayaw niya ipakita sakin. D niya dw pinag dadamut pero d siya pumapayg na matulog anak ko sa akin at kung hirmin ko dapt iuwi ko dw ng gabi. Bilng tatay ay masakit sa akin na inaalisan niya ako g karpatan s bata. ISANG taong niya iniwan anak ko at summ sa lesbian. Kht wala n kme ay s kin aiya kumukuha ng pera at iaang ton ko din siyang binigyan maski wla naag 7 na po anak ko sa june 19. Anu po dapt kung gawin eh wala siya work at Takit bta sa kanya kasi mahilig siya mamalo ng subra po.

    Reply
  292. Jaz

    Greetings po.
    May dalawa po akong anak, hnd po kami kasal sa tatay nila na ngayon ay may asawa na. gusto ko humingi ng sustento ng buwan buwan. pag ngtetext po ako sya pa nagagalit kaya gusto mghain ng demanda laban sa knya. alam kong may karapatan ako bilang nanay na humingi kahit illegitimate mga anak ko. ang tanong ko po sir, sa law po ba may karapatan syang kunin mga anak ko since 11 na yung panganay at 7 na bunso. nasa mga magulang ko mga bata at ako po ay ngtratrabaho abroad. Godbless po

    Reply
  293. Michelle

    Helo poh isa poh akong ofw my 3 anak na 7 , 8 at 9 yrs old.. D poh kmi kasal nang ex ko, cno poh ang my legal costudy sa amin na wla naman pong trabaho ang ex ko pro may kaya ang family nya. . At kng sakali poh na cla ang piliin nang mga anak q kc nsa puder nila .aytorney plss help me in this case.. Gusto ko poh mkuha mga anak ko

    Reply
  294. jarah

    please help me i’m only 22 years old and i have a daughter who is 4 yrs old right now and everytime i want her to take with me her grandmother (side of her father) doesnt allow me to take my daughter. please need you advice

    Reply
  295. Meryannmamitag

    Hello po, pls help me..
    Gusto ko po sana i ask gano po ktagal ang proseso kapag humingi po ako ng rights s dswd na ipakita sa akin ang anak ko? Sa ibng bansa na po ako naninirahan… 4 yrs ko na po hindi nkikita at nkakausap manlng ang anak ko.. anu po ba ang pwede kong gawin… sana matulungan nyo po ako.. 12 yrs old na po xa ngayon..

    Reply
  296. Mhean

    Anu po ang pwede kong gawin.. meron po ako live in dati , ngkaanak po kmi, 12 yrs old na po xa.. nsa akin po yung anak ko almost 8 yrs po.. tpos npunta na po xa s ama nya dhil ngpkasal na po ako s iba, now po nsa ibang bansa na po ako, bago ko po ibigay sknya ang bata may usapan kmi na pede kmi mghiraman …kaso simula po nung npunta sknya yung bata ni isang beses never ko po nkita yung bata… anu po ang pede kong gawin.. sana matulungan nyo po ako.. miss na miss ko na po yung anak ko..

    Reply
  297. Dennis

    Dear Atty Fred,

    I need your advise as I am in desperation.

    I have five (5) children – ages 21 (M), 17 (M), 16 (F), 10 (F) and 8 (M). My wife dumped me last February, 2017 after she was promised that she will get a job in Saudi Arabia by a Filipino-Saudi-based recruitment agency to take care of a Saudi Prince son within the first semester this year. For me it was a relief that she personally declared that we get separated as many a times I have wanted but did not do so for I thought things can be remedied for the sake of an intact family. She is still in the Philippines… waiting for the overseas work as promised.

    1.) In 2001 I went to the US & worked as an OFW for four (4) years. During these times I was sending US$500 to US$2,000 a month, depending on the extra income I got but on the average US$1,500 per month for four (4) years. After 4 years, I decided to go home thinking that my wife was already able to save. So when I went back to the Philippines in August, 2005 and to my dismay I had only P60,000 in the PNB account of my wife. I went berserk hoping I can build a house for my family. I left them, there were still 3 children at that time as they stayed with my in-laws when I left for the US and for four (4) months I was a mess. Many information came out that my wife was having the “best times” of her life while I was in the US.

    In January, 2006, I went to my senses that it was just money & decided that family was important. So, I forgave her. Strike One forgiven.

    2.) I was able to get good-paying jobs, twice in fact in 2006-2008 and 2008-present. She was a full housewife and all my salary (ATM) was with her. Many a times, I asked her how she spent the money as we always ran out and even have to take petty loans to get both ends meet. All I got was ranting that I be the one to do the budgeting that of course, I cannot do because my job required and still requires traveling. We had already five (5) children then.

    In the middle of 2014, she started spending a lot of time again with her friends and came home early in the morning. My three (3) teenage children did not tell me about her escapades until it became worst. On days, weekends and even birthdays when I am home, she left at 7-8PM and return early in the morning drunk! Of course, she had many alibis. The children complained that there was no food in the ref. We started quarreling as I only demanded respect and that she be a good mother to the children. This created a monster out of me & the messy relationship affected the children. Even to a point that my eldest son suggested that I remove their mother as beneficiary in my accident insurance. My children did not tell me all about her escapades as they did not want me to be bothered while working and traveling.

    Things got really worst when collectors from lending institutions started knocking at our door with summons for her debts unpaid. The credit card bills skyrocket to the amount of P200,000-plus. My ATM card was a collateral in one of the lending institutions, the iPad I bought for my children was pawned and bills (water, power, cable, internet, etc.) were left unpaid. Finally, in July, 2016 she asked for forgiveness and her reason was “she wanted to hurt me”. And she asked for help to pay her debts as she said she will pay me when she gets a job. I told her then that she did not owe me anything as she owed it all to our children because the money she wasted were for our children. Again, to keep the family intact, I paid her all her debts with my eldest son paying the money to her creditors and had them signed a document. I took numerous loans and even “loaned” my retirement in the amount of P400,000 to pay all her debts and the credit card company.

    After I paid her debts, my eldest son took care of the budgeting and she became “sober” until she got a job in a hospital as a nursing-aide with a minimum-wage salary less deductions sometime in August, 2015. My obligation to the numerous loans amounted to P40,000 per month with terms payable in 2-, 3- and even 5-years.

    She became the “budget officer” again in 2016. Second strike forgiven.

    3.) After one (1) year working, she started to go back to her old ways. During her day offs, she will find time to be with her friends and office mates leaving her children to fend for themselves. After office hours, if say she got off at 11PM, she will be home early morning. She did not answered text messages if asked of her whereabouts. I am not paranoid nor a jealous person as I told her but all I asked from her was respect but it just got worse and I became a monster to my children as we begun quarreling again. Strike three, I had enough.

    4.) In February, 2017, she told me that let us just be friends and she asked for dissolution of our marriage. I conceded, at least this came from her and I asked for the ATM card (salary). Before this, I asked her to pay the school fees of my four (4) children amounting to P50,000 and she did not pay the whole amount and used part of the money again. I only knew this when one of my daughters showed me a bill that we still owed the school P6,000 in order for her to take the final exams.

    5.) When the school year ended, I brought my youngest 8-year old son to spend time with me in Cagayan de Oro City (CdO). During this time, he told me that he do not want to go back to Iligan City as he will just be staying home, watch TV all day long. He has no playmates in the house or neighborhood we are staying, whereas with me, he gets to meet his cousins and play most of the time with them. He is always left with his older siblings and if his mother was home, she was asleep most of the time. So when I asked him if he wants to study in CDO, he said yes.

    My wife does not subscribe to this as she wants all the children to be with her despite her meager salary. She even threatened me that I will never get a single centavo of what is left of my salary because she will sue me and the court will favor her demand being the mother.

    Atty. Fred, what is the option left for me? I am financially in debt and coping with the limited money I get during pay days. With my wife out of the way, I can assure that I can enroll my children in good private schools and provide all what I earn to them.

    Reply
  298. Mengay

    Hi po Atty.

    I have a 2 years old son po, iniwan ko na po kasi yung tatay nya kasi po nambabae sya, pero sa txt ko lang po sya nahuhuli. Sa house po nila kami nakatira sa which is bahay po ng byanan ko, parehas po kaming may trabaho, pero lahat po ng needs ng bata ako nag proprovide dahil nakasanla po yung ATM nilang mag ina, may pension po kasi ang byanan ko, ako po 2 times a week 12am na nakakauwe dahil sa trabaho kong Bookkeeping. Pag po sya nalalasing kung ano ano po sinasabi nya kesyo may iba daw ba kong kasamang lalaki, pero wala naman po talaga, work lang po talaga. Ngayon po umalis na po ako sa bahay nila kasi d i ko na rin naman po mahal ang kinakasama ko, dahil 3 beses ko na syang binibigyan ng chance. Ayaw po kasi nila ipakita sakin ang anak ko, ano pong dapat na gawin ko?

    Reply
  299. mj

    good day atty.pano po dapat ko gawin para makuha ko guardianship ng anak ng naulilang kapatid ko dahil inabanduna n dn ito ng sariling ina ng mamatay ang kuya ko,naiwanan s pangangalaga ng nanay ko at sa kasamaang palad pumanaw ng magkasunod ang nanay at ate ko na nag aalaga sa pamangkin ko pakisuyo po na mapayuhan nyo ako para makuha at maisama ko nlng dto sa ibng bansa ang bata salamat po

    Reply
  300. aileen

    Hi,I’m 28 years old and a mother of 6-4yrs old kids.their father and I separated 2yrs ago.we’re not married,he acusses me of having an affair to another guy.I admit to him that I had a feelings for someone but I don’t want it to ruin our family so we decided to move to another place and resign to job so that I can forget about my feelings for that guy.I thought we are okay with that plan but when I came home from work just when I stepped out of the jeepney he slapped me in front of so many people.I was shocked and decided to end our relationship because of what he did.after that he took my kids.I can only borrow them on weekends and if he gives permission to it.I want to get my kids back.can I have their custody after what happen.I’m also living with another man now.pls help

    Reply
  301. Shiela

    Helo po Atty!
    Tanong lng po.my friend po ako ngcocourt cla ng custodyy sa bata at yung bata ay special child pero hindi nmn extreme tlga.taz now nsa friend ko yung anak niya kc prati nlng cla iniiwan ng nanay nung bata taz now gusto kuhanin ng nanay ei ayaw na ibigay ng friend ko yung bata na ngayon ei 10 y.o na..
    Ano po kaya ang magandang gawin niya atty??san ba dapat mapupunta ang bata hindi nmn cla kasal at ang bata ei 10 y. o na..medyo late development lng ang utak niya.sana po mbgyan nyo kmi ng advice.thank you

    Reply
  302. Glory

    Good Day. I want to ask lang po sa case ko and my mother. Sa Birth Certificate po parents ko po nakapangalan as parents ng bunso ko pero my mga evidence po ako na ako po yung lumuwal sa bunso ko, like billing sa hospital and mga ultra sound check up ko. May laban po ba ako na sakin po mapunta ang bunsong anak ko? Kasi sabi po ng parents ko wala daw po akong laban. 4 years old na po yung bunso ko, ayaw ko na po kasi magkahiwalay yung bunso at panganay ko, Im a single mother but i have my leave in partner who is willing to support me. Stable din po ang work ko today. Hope matulungan niyo po ako. Thank You.

    Reply
  303. jodie

    HI my name is Mr Jodie from new Zealand. I have a son age 18mths with my x live in partner . I do believe she has by pola . She has taken our son along with most of the house items . She comes from a very poor family – that when I was staying there her mother took and sold items of mine . Since we moved to a house i am renting for the last month she never has settle .2 times now she has taken our son .saying I have no rights and can’t do anything about it . I have videos of her going crazy and stabbing me with a knife. I come from a very good family in new Zealand. I can care .feed .schooling .make his life very happy . The lawys in the Philippines are strange but seems to work for the Philippine people . I just worried about his food and nappys .and the place where she has him . I message her nicely asking if I can drop food and nappys a care package. She saying she not need my help .that I can’t every see my son . How is this more fun in the Philippines. Pls help me God bless everyone that reads this .

    Reply
  304. liezl

    good day atty,
    ako po si liezl na taga bohol,may kalive-in po ako almost 5years ago, may anak kami 1 tapos may anak sya nung una 2,,ngayun po ang problema ko po yung tatay ng anak ko tinatakot ako na hindi na sya magsusustento sa akin if ibulgar ko daw yung katotohanan sa pamilya nya,,ngayun po anu bang dapat kung gawin para legal yung sustento niya kada buwan sa anak ko para hindi na gugulo ang lahat,,siya po isang engineer may kaya sa buhay pamilya at ako walang trabaho kasi walang magbabantay sa anak ko,,ang pagpakilala niya po sa akin 2008 pa da w hiwalay siya sa asawa niya tapos noong 2011 nagkakilala kami…please po tulungan niyo po ako kng anu dapat gawin at proseso po at magkanu po magagastu,,,salamat

    Reply
  305. Jennifer

    hi good day atty.
    Gusto ko lang po humingi ng advice..regarding po sa pagkuha ng custody ng 12 yrs old k na anak na babae, yun bata po kasi eh nsa pangangalaga ng father nya 6 years already Hiwalay kmi ng father nya almost 9 yrs na reason bakit ako pumayag na iwan sa X husband ko ang anak ko kasi po ng abroad ako hiningi ng ama nya na kng pwede sya muna mgalaga pumayag po ako but ngayon po na tapos na nya ang elementary hinihiling ko po sna na sa akin nman sa poder ko mgstay at mgaral ang bata ng high school ayaw pumayag ng father kasi daw wala ako dahil nsa abroad ako ngtatrabho ang gusto ko lang po sana makasma yun anak ko at tumira sya sa bhay nmin kasama mg mga kapatid ko at pamilya…anu po ba dapat ko gawin?

    Reply
  306. Jeremiah

    I have a 4 months old son and my ex gf and I were never married. Both of us earn more than the basic salary. She said that she will not strip me off of custodial rights for the kid but I’m just concerned that she will take the kid away from me once she gets into another rel. ( she is already blatantly showing me that she is finding another guy to replace me as the father) what are my rights in this situation if:
    1.) She gets married with someone else and wants sole custody of the kid, and stripping me of any paternal rights?
    2.) She gets pregnant with someone else but they are also unmarried but planning to give legal rights to the other guy for both children
    3.) She takes away the kid from us regardless if she is into another rel. Or not and files a TRO against me but asks for money even though she can also provide for the kid?

    I just want some form of custodial rights for the kid if ever she asks for financial support. Ayoko lang maechapwera sa buhay ng anak ko at magbayad ng needs nya pero iba kinikilalang legal father nya. Salamat po in adv.

    Reply
  307. Jackie Lyn

    Good afternoon attorney…

    Hingi po sana ako ng advice sayo po wla na akung malapitan ofw po kc ako nadto singapore nagwork as DH..ito po yung case..hindi kmi kasal ng partner ko,may anak kmi isa whch s 7 yrs.yrs.old now,ito nangyar,wla po syang work simula nung nanganak ako maybe he work for ahwile like less 1 yr.tapos wla nang work,gumagamit sya ng shabu 6yrs.maybe tumigil lng xa less a year kc now nkapasok ng work sa republic cement bago lang wla pang isang buwan,palagi kming nag aaway minsn ng wlang dhilan hanggang nwalan na ako ng gana kc gnyan sya wlang work,drug addict,tamad,temper minsan..hanggang nakita ako ng mas sa knya minahal ko kc dun ko nkita lahat sa knya hanggang nalaman nya dun na magsimula ang lahat ang away…hanggang umuwi ng hiwalayan tapos ngaun sasabihin nya wla akung karapatan sa anak ko kc may iba na akung bf simula sapol aku ng pagkain sa knya 7yrs.wla syang work at addict..the question s tinaggalan nya ako ng karapatan sa anak ko kahit kausapin ko di pwde,hindi ko na dw makakasama f uwi ako ng pinas,lahat bawal na,kahit supporta ko sa anak ko ayaw nyang tanggapin na..love na love ko anak ko attorney wlang ina na tatalikuran ang anak..ano po gagawin ko attorney…

    Reply
  308. Rina

    Hi , im seeking an advise ln po for my niece. Both her parents were alive kaso yun daddy nya nambabae which results into separation nila ng ate ko.. They were separated for more than 2 years and now hiniram nila un bata pra mgbakasyon pero ayaw na nila pabalikin. As per lola nun bata ndi sya papayag n ndi mpunta sknya ang bata. They were fighting for their rights pero un daddy nun bata adopted ln so technically no blood related un bata sa lola n gusto magkron ng rights s bata. 14 years old n un bata and since cla un nkasama nun bata as she grows up nun ok p parents nya dun nya gusto. Please advise anu pde nmin gawin kasi that family has a poor/bad background especially sa pagiging kunsintidor nila kya un kpatid ng daddy ng bata grows up being a mistress of everyone which is ayaw nmin kagisnan ng bata. And now ndi p nila binabalik yun bata which is pinagpaalam ln nila ng vacation for 1 week
    Thank you in advance sa advise po

    Reply
  309. Jim

    I am only a US citizen – my wife and two sons are dual. Married almost seven years. Boys are 4 and 8. oldest boy was wifes before our marriage was adopted by me in US prior to him and wife becoming US citizens and then reaquiring filipino. youngest boy born in US to wife prior to her being US citizen wife and I married in Philippines. She as no job and only had 7 month job in US. She has house loan, I paying for, and after buying 9 hectares and planting them she suddenly wants me gone – Lied about age to father of first boy, and got pregnant at 15, then lied to hospital and told them she was 19 when boy born. Told another man in facebook chat she did not love me and wanted his ring on her finger, three months after we married -I forgave her. was all lovey dovey till we moved to philippines then forover six months she would take off onweekends and leave me with oldest boy – he in TKD. sometime also leave youngest with me. When I told her that was just too much she told me she no longer wanted sex but would do wifely duty sometimes. Then bought farm land and said we done now. Should I seek divorce in US or annulment in Philippines? I want me and boys to stay in Philippines and been proud of heritage here because they can always go to US later, besides I honestly believe they get better education here in private schools

    Reply
  310. Tinybubbles

    Good day! I would like to seek legal help regarding the case of my boyfriend. He has a 6 year old son who is turning seven year old this December. The mother wants to take the child with her. But she has no work. The child does’nt want to go with his mother since he experienced traumatic incidents before when he was with his mother. What can we do so that we cant give the child to her. Thank you very much

    Reply
  311. Ruben

    Magandang araw po sa inyo,

    Ako po ay isang ama na nakatira sa Brgy. Krus na Ligas QC, nais ko lamang po dumulog sa inyong tanggapan patungkol sa kustodiya ng aking anak.
    Ako po ay hindi kasal sa aking kinakasama at mayroon kaming isang anak na babae na nasa 2 taon gulang na nasa akin po nakaapelyido. Nais ko po sana na humiwalay sa aking kinakasama na kasama ko ang aking anak, dahil po sa kanyang masmang bisyo na paggamit ng droga. Sa ilang taon po naming pagsasama ay marami na pong beses na sya ay aking nahulihan ng mga gamit nya sa pagddroga at dahil sa aking mahabang pasensya ay makailang ulit ko din sya sinabihan at pinagbigyan sa pag-asang darating ang araw at sya ay magbabago at magpupursigi na lamang na maging mabuting ina sa aming anak. Ang kanya pong bisyo ay hindi na lingid sa kaalaman sa aming lugar, maging ang kanyang ina ay alam ang kanyang masamang gawain na ito. Dalawang taon na po ang aming anak, dalawang taon na dn ako na umaasa sa kanyang pagbabago, pero paulit ulit na lamang po ang nangyayari at hindi pa din nya tinitigil ang kanyang bisyo. Ako po ay nangangamba sa kinabukasan ng aming anak, ako lamang po ang may trabaho sa amin lagi ko po iniisip kung paano mkakaipon para sa kinabukasan ng aking anak kung hindi nya tinitigil ang kanyang masamang bisyo, madalas ako ay nawawalan ng pera sa bahay sa sarili naming kwarto at iyon nga po sya nyang ginagamit pang bisyo na sana ay magagastos para sa aming pangaraw araw at para sa bata. Kung sa usapang moral po ay kahit ang kanyang ina ay magsasabi na hindi sya mabuting anak at ina ng kanyang mga anak, dahil san kanyang mainiting ulo at mga pagmumura nito maging sa kanyang ina, marahil dahil na din sa epekto ng masamang bisyo sa kanya. Marami ang nagsasabi na akin na lamang po itakas ang aking anak, pero ako po ay nangangamba dahil alam ko na labag ito sa batas, kaya nman po sa inyo na kinauukulan ako po ay dumudulog ng tulong o payo sa kung ano po ba ang aking dapat gawin para mapunta sa akin ang aming anak ng naaayon sa legal at tamang proseso. Maraming salamat po sa inyong panahon.

    Reply
  312. Noel

    Dears,

    Good am po,tnong ko lng po,ofw po ako,at may anak kme ng exwife ko,nsa pinas ung anak ko s pangangalaga ng lola nya sa side ng ex ko,babae po anak ko,3years old n po sya,tanong ko lng po pwede ko b mkuha ung anak ko kasi d nmn sya ang mg aalaga s anak nmen,if ever d n ako mg abroad,or else pwede ko b mahiram ung bata at ipasyal ko po s pangasinan,recently nsa leyte ung bata,slamat po,

    Noel

    Reply
  313. IRENE

    Good am po , ask ko lang po kasi ako po ay hiwalay ng almost 7 years na po, nasa Singapore po kame sa side ng asawa ko pati anak ko. nanbabae po siya at pinili nya ang abbae nya ng mga panahon na yung gulogulo ako at sinabi ng nmga inlaws ko at asawa ko di pede dalhin ang bata dahil s gulo gulo atwala ko trabaho paguwi ng pilipinas wala ko choice kung hindi iwan, yumg mga una taon lumipas na umuwi sila s pilipinas kasama ang anak ko tinago nila at di sinasabi na nandito ang anak ko nalaman ko po yun at lumapit ako sa Pao nagkasundo kame ng asawa ko at pumirma s mga kasunduan, . nagging mabait ang mga inlaws ko kasi wal sila choice kaya pag umuuwi sila ditto sa pinas sinasabi na nila sa akin pero eto mga taon kapag may bago girlgriend ang asawa ko sinasama pa nya anganak s mga date ng mga babae nya at di po yun makakabuti sa anak ko di na po ganun naalagaan ang anak ko kasi lahat sila may trabaho umuuwi nalng ang ank ko mgisa ngbyahe sya magisa sya po ay 10 yrs old palang at elementary palang. yung anak ko pag tumatawag ako damadama ko dame nya gusto sabihin sakin pero nasa paligid nya ang asawa ko at mga inlaws ko. may posibilidad ba makuha ko ang anak ko pag umabot kame s korte ? ang anak ko ay 10 years old na po, babae, ako po ay natratrabaho sa isang opisina. tiniis ko lata para lang wag mahirapan ang emosyon ang anak ko pero lalo po ata nahihirapan ang emosyon ng anak ko pag nasa kanila. anak ko kasi parang takot mgsabi sakin o magkwento pag andyan ang mga inlaws ko. ayaw na din ako papuntahing ng asawa ko sa Singapore kasi magaglit daw ang girlfriend nya. please tulungan nyo give me advice po. pano ko makukuha ang anak ko.

    Reply
  314. Yam

    Hi.Please Help Me. I am a Filipino, Single Parent.

    I am A single parent with two children. The father of my children, ever since Birth Abandoned me, and did not provide a single sent for the bringing up of my children. My children have been living with my parents and my siblings. My Mom and Dad have been the direct guardian to my children. Since the need for financial, i have been working as a Domestic Helper to provide money to my parents for my Children Upbringing. My children have expressed that they don’t want to be with their father, because he is i responsible, and they don’t have future, basic need and providence at the fathers place.The father of my children have not provided anything for them throughout the 13 years that my children have grown Up. In the early days, when i asked for support he refused to provide. Before he cheated me, He already was married, and has children. He is Also A Filipino just like me.
    Now, my children are grown up, 12 and 13 years old. Last Month He went to my parents home and took my two children away from the house, and brought them to his house to Stay. He has brainwashed my Children to the extend where now they say they don’t want to come back to their grandparents place, and they want to stay there. when i spoke to my Kids, They are crying on the phone, and someone from behind is saying telling them ” Don’t speak to your mom, Just ignore her, If she calls again, just don’t speak to her”

    My parents are sick, and they find it difficult to talk to the father of my children. He did not even ask permission from me and he took them away from my parents home. When i spoke to him, he said your children don’t want you and they don’t want to go back home. He and his family have brainwashed my children and they are crying on the phone.

    I really need help in this situation. Please Advice me accordingly. I am working as a Domestic Helper in Overseas. i need to report this and get Custody For my Children.

    Reply
  315. MJ

    Dear Attorney,

    I am a single mother of 2 kids. For almost 7 years na pong walang support yung tatay ng mga anak ko. 7 years ago nagpunta kami ng mother ko sa barangay nila to ask for child support. Yet as per barangay’s advised sabi po ay kausapin muna yung side ng tatay nila. Nagpunta kami sa bahay ng lalake , nakausap namin yung nanay at yung lalake. Sabi nila wala pa raw maibibigay dahil wala pa raw trabaho yung lalake. After that day, wala na po kaming narinig mula sa side nila kahit anong paramdam wala po. Wala po talagang naging assistance. paano ko po maililipat sa surename ko ang mga anak ko. Naka affidavit po kasi sa kanya yung mga bata. Gusto ko po sana kung pwedeng ilipat sa pangalan ko ang mga anak ko. Sana po matulungan nyo po ako. Salamat po.

    Reply
  316. Queen

    Hi may I ask Atty. My live in partner want a custody to his iligetimate son from his ex gf. Now the girl is using his son to win my co-hab back.
    How can we have the custody of his son without being harrased by his ex.

    More power Thanks

    Reply
  317. Ellie

    Hello po atty. Annulled marriage po ako at naninirahan sa ibang bansa. May isa po akong anak 16 years old na po siya pero ang custody po nya ay nasa father po nya. Gusto lo ng anak ko na sumama na saakin sito sa ibang bansa kaya lang po ang problema eh yong custody, pwede po ba na ilipat ang custody saakin at ano po ba ang dapat na gawin para mailipat po ang custody saakin. Thank you po in advance!

    Reply
  318. Katwiran

    Dear Atty,

    Hello, I decided to adopt the baby of my sister at payag naman po siya, dahil may dalawa pa po siyang illegitimate child, but the problem po ayaw pumayag ng boy friend niya na ipa adopt yung baby, di po sila legally married and hiwalay na din yong guy sa unang asawa at may anak din sa pangalawa. My right po ba ung sister ko na ipa adopt sa amin yong baby kahit di pumayag ung boy friend niya? Hiwalay na din kasi sila pero ni recognize niya po yung baby sa birth certificate. Kung eh insist po ng lalaki yung gusto niya na kunin ang bata my right po ba siya? Thank you…

    help po…

    Reply
  319. Cathy

    Good day po!

    Ask ko Lang po! Kung my karapatan po ba ang kaibigan ko na makuha ang mga anak nya?
    Boy po ang friend ko at Kinuha ng ex partner nya sa Kanya ung anak nyang Babae! 2 po ang anak nila nasa nanay po ung isa Tpos po kniNa Kinuha nya na din ung isa pa sa Ama! Ngkahiwalay po sila dahil Sumama ung girl sa tomboy!

    Pls help us!

    Reply
  320. Melanie

    Good afternoon Atty,

    I would like to ask a question in regards to my husband issue. he has child in Philippines with his past relationship. he acknowledge the child and sign the birth certificate, we have no problem of giving a monthly support but the mother of a child is refused to do the DNA TEST. and keeping the child from his father. and say to just disappear. and now she’s telling to her friend that to file a abandonment case which she is the one refused to participate of what the father of a child request. and cut all the communication as well.

    Reply
    1. lloyd

      This is almost the same with my concern, mine is my wife cut off all my communication with them, I’m planning to retaliate by not giving my monthly support, will I get sued?

  321. Marissa

    Hello!

    This is for a friend of mine in the Philippines (I’m not local) that’s desperately need help and solution for his situation.
    He has a 8 months son with his ex-girlfriend that is still living with him right now. She is still living with him and his family because she was kicked out from her own family and nobody wanted her back, and since the child was his, he accepted her in before she gave birth even though they broke up before that.
    The issue is, the mother of the child never takes care of the baby. She didn’t breast feed him ever since he was born. She is staying with him because of shelter benefit and uses the son as an anchor for her to stay at his house. He even quit his job because nobody will be able take care of the baby 24/7 as his parents are also busy with work, and the ex-girlfriend does not care much to be at home for the baby and carried on with her work for her own benefit.

    He and his family got tired of her attitude of staying in the house for free without helping them in any way. They are planning to kick her out from the house but there will be a high chance that she will sue them for the custody of the child & child support and they do not trust her that she is able to take care of the child as she barely spends time with her own son.

    How can he win against this kind of lawsuit?

    Thank you.

    Reply
  322. MD

    Hello Atty,

    Magtatanong lang po about sa child custody between grandparents at father. simula nung sinilang ang bata ay mga grandparents na po ang nag alaga sa kanya dahil ang tatay naman ay di maka provide ng tamang responsibilities para sa family nya. in short po, walang kwenta ang tatay. Ngayon po ang bata ay 10 yrs old na at balak bawiin ng tatay ang bata dahil siya nalang po mag alaga at malamang maghihirap sila kasi wala naman po trabaho ang tatay. while binibigay lahat ng grandparents ng bata ang lahat ng gustuhin at magandang paaralan para gumanda ang future. May laban po ba ang mga grandparents sa child custody ng bata? ma cocover kaya sila ng batas?

    Reply
  323. Cathy

    Hi Atty,
    Greetings!
    I’m a single mother, but I was married to my daughter’s father. He abandoned us years ago. He has gone missing for 9 years as well. He left when my daughter was still 5 years old. I know annulment is super expensive and I won’t be able to file for it. I am truly praying I could fight for separation and full custody of my daughter. My income is enough to help me and my daughter with our day to day expenses and savings is there in case of medical emergency and for her school needs . For 9 years, her father has not supported her not even a single penny.
    I asked about custody and they said I need to file it and it would take 1 year or more 🙁
    What other options do I have to make the process faster. Me and my daughter just want our freedom and to fix documents for my daughter’s future. Thank you.

    Reply
  324. Me

    Atty i just need a legal advice nsa ibang bansa poe aq umalis po aq 4 yrs ago dahil wlang maayos n trabaho ang asawa ko at ugali nia po n bugbugin ako lalo na kapag nalalasinh sya kapapanganak ko pa lang binugbog at pinahiya nya ako dahil dun ako sknila nkatira ipinagtanggol lang aq ng kapatid nyang babae pati ng lolo at lola nia nagbago naman sya nung nagtratrabaho n ako at sya umaasa lang sa kita ko naman sya kso nwla n ang pagmamahal ko at nung nasa ibang bansa ako mai nanligaw poe skin at nlaman ko ren n may gf n sya habang sinusustentuhan ko ang buong pamilya nya pati luho nya dahil ang nsa isip ko andun ang anak ko sakanila ? Ngayon 2 taon n po kaming hiwaly 4 yrs old n poe ang mga anak ko gusto ko po silang mkuha next yr paguwe ko ntatakot lang po ako n d nia ibigay o ipanglaban nya n niloko ko sya samantalang parehas kameng may mga karelasyon ng mga panahon n yun pls kailangan ko po ng sagot nyo salamat po

    Reply
  325. Rhaiven

    Good afternoon po atty.. Tanong ko lang po..
    Paano po kong yung babae nagkaroon n pnbagong asawa at anak…
    bilang ama, pwede ko rin po ba makuha ang sa anak namin dahil sa may kinakasama n syang iba?
    pwede na po b yung mgng grounds para mapa sakin ang anak ko,kasi po financially kaya ko pong suportahan ang bata…
    maraming salamat po…
    more power.

    Reply
  326. Reymar

    Magandang araw po. Hingi po sana ako ng advice kung anong dapat kong gawin dahiL yung dati ko pong kinakasama itinakas yung anak namin. Okay Lang naman po sana sakin basta mag kasama siLa kaso iniwan nya sa probinsya. Natatakot po ako sa kaLagayan ng anak ko dahiL ang pinag iwanan nya po ay yung LoLo at LoLa nya, kapatid nya and tito nya. (matanda na po yung LoLo’t LoLa nya, manginginom pa yung LoLo, yung kapatid nya pumapasok sa schooL kaya di ko din po masabing mababantayan yung baby ko tapos yung tito nya na may mentaL and psychoLogicaL disorder ata yo’n? Worried Lang po sa kaLigtasan ng anak ko tapos yung nanay nya dito panay Lang ang good time. May Laban po ba ako sa chiLd custody?

    Reply
  327. Joselito

    I am the father of a baby boy born in 2015. His mother and I were not married and broken up before we learned of her pregnancy. I paid her prenatal care and for a needed cesarean section. (Although she pocketed the money I provided for a private hospital and checked into the public hospital instead.)

    Since birth, I have provided support but the mother has allowed less and less time with my son. Now she works as a GRO (prostitute) in a bar and told me she has left my son in a remote mountain barangay with her relatives. She gave me a number to contact them to arrange to visit him but it always rings unattended.

    I have offered many times to take him and care for him as she is unable and her family are indigent. She agreed initially to get money and delay, but now she refuses even though she is not caring for him. As a compromise, I offered joint custody with her parents. She told me to discuss it with her father, but the number she gave me for him always fails.

    I have not seen my son for almost 5 months now and am looking for legal options. Is her immoral lifestyle as a prostitute and abandonment of him with indigent relatives sufficient grounds to declare her unfit as a mother and gain full custody? If not, what are my options?

    Note: My name does not appear on his birth certificate and he is not carrying my name at this time.

    Reply
  328. Rej

    Hello po attorney, sana po matulungan nyo ako I need some legal advice. May daughter po ako 2 years old palang po sya and hindi kami kasal father nya. But when I delivered my baby andun yung father nya to recognize my baby na sya yung daddy and magka surname sila sa birth cert kasi at that time magka live in partner pa kami, we were both students at that time pa pero since maka graduate na ko naghanap na agad ako ng work then sya student paren and as time goes by nalaman ko mga bisyo nya, excessive drunkness nya mga biyso nya like alak, barkada, yosi, babae, marijuana. Yes marijuana!. And nalaman ko nagka affair sya sa isang babae nung kami pa. And naghiwalay kami after that and then nagkabalikan kami for the sake of our baby. And after a year lagi na kami nagaaway gawa ng mga bisyo nya then naghiwalay ulit kami then nalaman ko na nagkaroon ulit sya ng babae after namin maghiwalay. I tried na papiliin sya kung yung anak namin o ung babae. Yung girl yung pinili nya pero lage paren sila nagkakasama nung girlfriend nya, take note he is still a student and doesn’t even have a job to pay child support for my daughter. Umaasa lang sya sa magulang nya. And after that, I made a choice na di na ipakita yung anak ko sa kanya but to his family esp. to his mother and father nakikita pa nila hinahayaan ko sila mag visit samin. But everytime na kasama nila yung daddy ng anak ko di ko hinahayaan na makita nya o mahawakan yung anak ko. And dun sila nagalit, they want to file a case sa barangay dahil sa ginagawa ko. This is my question po is it legal for them (the “lola” the mother of my ex-bf” to file a case for me. And ano ang laban ko para di makita muna ng daddy nya yung baby ko take not nagamit ng marijuana ung tatay ng anak ko he may be a bad influence to her. Salamt ng marami attorney

    Reply
  329. Jasmin

    Hi po..patulong po hngi aku ng advise…my knaksma akng foreigner..nbunts aku for 8month kming ngsama,pgdating ng 8month n tiyan ku,nagkahiwalay kmi dahil d n kmi ngkakaintindhan.Ngayun nanganak n aku.bale umuwi n siya s kanila…at palage nyang cnabi n kukunin nya ang anak namin.pero hindi naman nka apilydo s kanya ang anak namin..anu po b ang gagawin ku?my chance b n mkha nya anak ku?
    Sana po mbigyan nin u aku ng advised kung anu gagawin.salamat po

    Reply
  330. ana_lyn

    Good afternoon atty,
    ung partner ko po may anak sa ibang babae,regular po kame nag papadala ng soporta sa mga bata.gusto sana ng partner ko na mahiram kapag walang pasok ung mga bata pero di pumapayag ung nanay..anu pdat nming gawin.salamat antay po ako ng kasagutan mo.

    Reply
  331. Ian

    hi po atty tanong ko lang po ano bang dapat kig gawin may anak po kasi akong 3yrs old, pero nakatira sya ngayon sa mommy nya kasama yung magulang nya, hindi naman po ako nagkulang sa suporta sa anak ko, pero ang masakit lang sakit eh halos hindi ako makapag desisyon para sa sarili kong anak dahil laging tinututulan ng magulang ng mommy ng anak ko, ni hindi ko po madala sa sidr naman namen para makilala naman po ng anak ko po yung mga magulang ko, para po kasing nawawala yung karapatan ko bilang ama sa anak ko dahil sa mga ganong pangyayari

    Reply
  332. Jovelyn

    Hello Atty.,
    Hihingi po sana ako ng tulong sa inyo. Yung 6 years old ko kasing anak ay nasa byenan ko. Hiwalay na kami ng asawa ko. Ngayon po, ayaw ng byenan ko na ipahiram ang anak ko sa kin. Gusto nya dalaw lang. Tapos nanghihingi pa sya ng pera sa kin para daw sustento. Tapos meron daw akong pinirmahang subpoena na nagsasabing hindi ko makukuha ang anak ko sa kanya. Gusto ko po sanang makuha ang anak ko. Ano po ba ang kailangan kong gawin? Sana po matulungan nyo ko. Salamat po.

    Reply
  333. Rozie

    I need a lawyer’s prespective on this situation concerning earning the custody of an 8-year old girl to the father. The girl currently lives with her mother in her family household that includes the grandparents and 5 other family members. Recently, a family member (grandma’s brother) also living with them, was caught by the pdea (Philippines drug enforcement agency) and was shot due to his drug dealing transactions and they’ve confiscated some of the holdings. Keeping in mind, that the family members including the child’s mother were familiar with his drug abuse and dealership. I can’t see how an environment like such is safe for a child of her age. Also, there had been problems between both parents on financial aids and it has been witnessed by the girl’s aunt that there was a maltreatment involved. I need a professional opinion on this matter and how thos can work in the favor of the father.
    (Relationship to the girl: Second aunt)

    Reply
  334. Shu

    Hi Good day Atty!

    Gusto ko pong matulungan pinsan ko po c John. He has two daughters ages 7&8 this year. He has lived in partner who went abroad nung maliit pa lang ang mga anak nila. Di po sila kasal kasi hindi po nila gusto ang pinsan ko.

    Apelyido ni insan ang dala ng dalawang bata sa birth at kasalukuyang nag aaral sa Elem grades 2&3 po sila.

    Ofw po ang ina at umuwi nitong May2017 bago bumalik ng ibang bansa nitong June ay gusto nitong makipaghiwalay kay pinsan at ayaw na nyang magpadala ng sustento. Pero gusto nyang kunin ang dalawang anak. May nabalita ring may bf ang babae sa labas.
    Di pumayag si pinsan na ibigay ang mga anak. Lumaki po ito sa kanya at pinag aral ng maayos. Ginampanan ni pinsan ang pagiging ina at ama ng sabay habang sya ay nagtratrabaho.

    Nagkaroon sila ng agreement sa Brgy Temp Separation kasi d pa nakukuha ng ina ang mga bata.
    At dahil hindi naman interesado ang partner ni pinsan sa kanila at pinipilit na makipaghiwalay gusto ni.pinsan na maging permanent na lang ang hiwalay nila pero sa kanya pa rin ang mga anak nila.

    Ngayon po kasalukuyang nasa ibang bansa na ulit ang ina ng mga bata. At ganun pa rin gaya ng dati nasa kay pinsan ang mga bata. Pero di na nagpapadala ng kahit magkano ang ina nito. Maging ang pamilya ng babae.At araw2× pong sinisiraan ng pamilya at kaibigan ng babae itong aking c John po sa school.

    Kahit kailan wLa pong bisyo ang pinsan ko c John, wLa rin pong ibang babae.

    Tanong ko poAtty.
    Dahil hindi na maganda ang paninira ng pamilya ng babae pwede po bang kasohan namin cla ng Slander?o kaya’y ano po bang best legal action po namin pra tigilan nila c John po.?

    2.Ang custody po sa mga bata malakas po ba ang laban ni pinsan dahil siya ang nagpalaki ng mga bata at may trabaho naman sya at responsable naman po at 7&8 yrs old naman po ang mga bata edad kung kailan may boses na sila sa korte na pumili kanino sa mama o papa sila sasama?

    3. Kung mag asawa po ang babae sa ibang lalaki may karapatan pa po ba sya sa mga anak na ayaw sumama sa kanya?

    4. Ang pamilya po ng babae na gustong kunin ang mga bata ano po ba ang dpat naming gawin?

    5. Kung maliban sa paninira kung sa huli po ay physical nila harasin o kaya’y eskandalohin c John ano po ba ang legal na aksyon po.?
    Yung paninira po sa kanya through facebook pwede po bang kasuhan?

    Nawa po matulungan nyo po kami sa pamamagitan ng mga legal advice nyo po.May God bless po! Thanks!

    Shu

    Reply
  335. MotherOfTwo15

    Hello po, gusto ko po sama malaman ako ang pwede ko gawin sa sitwasyon ko. Ang ama po ng taty ko may girlfriend na po at gusto ya may visitation rights sha sa mga anako (turning 4 eldest and 2 ang youngest) . Ang sabi ng ex ko eh gusto nya may regular na araw na makasama nya ang mga anak namin pero ayaw ko po sana kasi ang mga bata po nag wawala pag uuwi na sa amin wala gusto lapitan at ayaw ako paalisin para mag trabaho. nahihirapan ako in term of going to work everyday kada makikita makakasama nila tatay nila. ano po ba maganda gawin kapag ganito?

    Reply
  336. Jelly Ann

    Hi po ! Pa advice naman po
    Isa po akong student i was 17 year old nung nabuntis po ako at yung lalaking nakabuntis po sakin ay student din po at same age lang po kami. Nung 1 month palang po akong buntis sinabi ko kaagad sa kanya pero dninied nya po na d sa kanya yung batamng dinadala ko. sinabi nya na ipalaglag ko yung bata pero d ko po pinalaglag. Ilang months po akong nagtiis kahit wala sya kahit na nasasalubong nya ko sa daan parang d nya lang ako nakikita. Tapos nung malapit na po akomh manganak nalaman nilang kambal yung dinadala ko ( boy and Girl ) simula po nung malaman nila na kambal yung magiging anak ko dun na po sila nag papakita sakin, nung nanganak po ako andun dun sila yung ama ng babies ko at parents nya . Nanganak ako ng kambal pero yung isa my deperensya( IMPERFORATE ANUS ). Dinala nila yung bata sa manila para i paopera after 6 days sumunod ako. Tumutulong naman po sila, d naman po sila pabaya pag dating sa mga bata . After pong naoperahan ang baby boy umuwi po kami ng probinsya. Di pumayag yung lola ng babies na dalhin ko yung isang bata sa bahay gusto nya hatiin namin yung kambal. Bilang ina naman po ayaw kong malayo sa dalawa kong anak kaya tiniis ko na po muna at hinayaan ko nalang po ang hilaw kong BYENAN. Umuwi ako ng bahay na dala yung isa ko lang na anak na my sakit kasi d pweding ihiwalay saken kasi kilangan nya ang gatas ko. After po ng ilang days pumunta po kami ng Odiongan kong saan malayu ito sa present home namin. Pinagpatuloy ko yung pag aaral ko kahit my anak na ako, dala ko yung baby boy ko at naiwan sa kanila yung baby girl. Pinagkatiwala ko muna sa kanila kasi sabi nill sayang naman daw kong hihinto ako ng pag aral ko. So yun nga po every hour umuuwi ako para sa baby boy ko taz balik agad ng school pag katapos syang e breast feed. Umuuwi kami sa present home namin minsan para bisitahin yung baby girl ko . Pero 1 time po pumunta ako sa bahay nila para kunin yung baby girl ko after ng ilang months na d ko sya nakikita gusto ko din syang makasama, PERO hindi ako pinayagan ng hilaw kong byenan na dalhin sa bahay yung baby ko. mag ka iba kasi kami ng barranggay at medyo malayo . The other day po hinatid nila sa bahay yung baby ko , bali 1 night lang natulog sa bahay ko yung baby giirl . kinaumagahan pumunta sila sa bahay para sunduin yung baby ko . Hindi ako pumayag kasi d pa nawala yung pag ka miss ko sa baby girl ko at gusto kong magkasama kaming tatlo. NAG away po kami ng byenan konhg hilaw patinang ama ng kambal ko. Pinilit nila kunin sakin yung baby kahit ayaw ko hanggang sa naiiyak na ko dahil gusto ko pa talaga makasama yung anak ko . pero wala akong nagawa nakuha nila sakin yung baby ko at tumakas . hinabol ko sila pero d ko na naabot kasi mabilis ang pag patakbo ng motor ng ex ko. After 2 days pumunta ako sa kanila para hiramin yung baby ko uli. HInarap ako ng papa ng ex ko na ama ng anak ko . Pinuntahan ko yung baby ko sa duyan pero maya maya kinuha to ng yaya nya at dinala sa kwarto kong saan dun yung Hilaw BYENAN nilock nila yung pinto at d ko nanaman nakuha yung anak ko at ang sabi nila nag pa gawa daw sila ng papel sa ABOGADO d ko alam kong ano yung ginawa nila , para in case daw na kunin ko yung baby may pang laban sila .

    ATTORNEY, ano po ba yung tama kong gawin. Sila ba yung may mas rights kasi parents ng ex ko yung nag sussupport sa babies. Sa kanila na din ngayon yung dalawang babies ko kasi nag aaral ako, pag kaalis ko sa amin si mama yung nag babantay ng isang baby pero ngayun pina uwi nila si mama ayaw na nilang i paalaga kay mama kasi daw pabaya pero d naman totoo dami ng sinacrifice si mama para sa kambal. Yong problema po is parang ayaw ng ibigay ng HILAW kong BYENAN ang mga anak ko at parang nag aaACT sya na sya yung nanay. mas gusto nya yung nasusunod.
    Paano po ba to? kong sakali po na ayaw nilang ibigay sakin yung babies pag ka GRADUATE ko ngayong march 2018 ano po yung dapat kong gawin MAY LBAN PO BA AKO? kasi po baka palbasin nila na inaBANDON ko ang kambal at inuna ang pag aaral kaysa alagaan ang babies. Nag aral po ako kahit mahirap mapalayo sa kanila para din po sa FUTURE Naming tatlo . Never po kaming nag sama ng tatay nila at wala pong balak ang tatay nila na aSAwahin ako. Ang dami nyang babae at ex ko na po sya since nalaman niyang buntis ako at ngayon pinagyayabang niya saken na sila ang may mas karapatan dahil sila ang GUMASTOS.

    MAY karapatan po ba ako? Gusto ko po ipaglaban ang mga anak ko sa LOLA nila ! Help po kahit advice lang. Sorry kong mahaba yung kwento ko .

    Reply
  337. Rhan

    Good afternoon po Atty.

    Pwede po ba magfile ng kaso ng kidnapping sa father po ng bata? Halimbawa po nasa custody po ng nanay yung bata kasi po minor pa and may visiting right po yung father since gamit ng bata yung surname nung father pero Hindi naman po kasal ang parents nung bata then kinuha nung father yung bata na wala yung mother sa Bahay and that time nasa work yung mother at ang nasa bahay lang po ee yung yaya at yung bata. Kinuha yung bata sa Bahay hinalughog yung buong Bahay tangay po ang birth certificate and passport po ng bata. Kasi po paguwi nung mother nung bata magulo ang Bahay wala yung bata at yaya.. Pwede po ba makasuhan ng kidnapping po yung father.?
    Ask ko lang po.. Salamat po god bless po..

    Reply
  338. alex

    ask ko lng po..di ba tungkulin ng isang ina n alagaan nya ang anak nya khit gnu n kahirap ang schedule nya…ang bata po ay 6 na taon gulang at ang biyenan ko po ang nagaalaga s probinsya nila…nais ko sna n ipauwi dito at kmi ang magasikaso s bata subalit ayaw nya

    Reply
  339. CARLENE

    Dear Atty,

    Good morning po!

    I am separated (not legally) from my husband for over 10 yrs already. I am an OFW in the UAE and he is with his mother taking care of their family business in the province. We separated in 2007 when our only son was 2 yrs. old. Since then, the kid had been with me and my parents until I decided to work abroad in 2013. For two years I was abroad, my husband was just borrowing my son from my parents because he also tried twice to work abroad but failed until 2015, when he decided to get my son and bring to their province. At first I was hysterical and I didnt want the kid to be with him. But later on I realized, he has full authority on the kid since I am away. I also thought it would be better that the child is with because my parents are getting old and might not have enough energy to take care of my kid.

    For two years, I just call and I get him from the province to spend time with me during my annual vacations. But this year, my employer already advised me that I cant have vacation this coming December because of our ongoing projects in the company. I proposed to my husband if I can get the kid and bring in the UAE for vacation. He refused. He is paranoid that I might not send our kid back to the Philippines. I didnt argue anymore.

    But I want to know if I have any right to take the kid with me even for a vacation only. Any document that I need? My husband told me that he is holding a document that I cant take and bring my kid abroad without his consent.

    I heard from a friend’s story that when her husband (they are married and still together) was having a vacation in the Philippines and took their kid to go to UAE for a vacation, the immigration asked for the mother’s consent letter. And was further told that if he had been the mother, they would not be asking for any consent anymore.

    Can I get any document that I can show to my husband and eventually at the airport saying I am allowed to take my kid with me on a vacation?

    Please help!

    Sincerely,
    Len

    Reply
  340. Ralyn

    Good Morning po Atty, Possible po ba na makuha ng kaibigan kong lalaki ang mga anak nya sa asawa nya na planong magpakasal sa isang Japanesse khit d po sila annul? Inalala po nya kc ung mga bata kung dadalhin nya sa Japan? May kakayahan nman po akong buhayin mga anak namin. Please po I need an answer. Thank you

    Reply
  341. May

    Hello po atty. good day po.. Hingi po sna ako ng advise sa inyo regarding po sa custody ng pamangkin ko.. Yung hipag ko po at hindi kasal sa tatay ng anak nya.. No show na po c lalaki since birth. Tapos po nagkaproblema pa po sa birthcert nung bata. My pirma po ng mother ung birthcert kahit po hinde ung hipag ko ang nag sign. Tapos po ung hipag ko ay nada jordan na ngayon. Ung bata po ay nsa custody ng isa ko pang hipag. Kaso po my hindi cla pagkakaintindihan.. Ang gusto po mangyari nung hipag ko na nanay nung bata ipacustody nya ung bata sa kaibigan nya. Ayaw nmn po pumayag nung byenan ko. Wala n dw po karapatan ung nanay sa bata kc dw po simula nung pinanganak ung bata ung byenan ko na po ang napalaki.. Ano po kayang magandang gawin dun sa bata? San po b sya dapat tlg ihabilin since wala po ang nanay nya?

    Reply
  342. ritchi

    good eve po atty. ask ko lang po if pwede ko o kuni custody ng anak ko kasi po ang asawa ko ay nasa abroad.. may karapatan o ba ako sa custody ng anak ko. ang gsto ko po kasi ay umuwi na sa amin at humiwalay na sa mga byenan ko

    Reply
  343. sheila

    Good day po hiwalay po ako sa aking asawa may dalawang anak po kami ngayon gusto niyang maghati kami sa mga bata babae po anak nami 7 at 9 years old na.Wala naman work ang asawa ko ako po ay may trabaho.Ano po pwede ba niyang makuha ang isa sa mga bata?salamat sa tugon…..god bless

    Reply
  344. Michael

    Atty. pls hear me out. Mayron po akong kinakaharap na problema at medyo matagal na..ang gusto ko pong malaman kung paano ko maibabalik sa kanya ang ginagawa niya pagpapahiya sakin. Ganito po ang sitwasyon ko ngayon. Mayron po akong kinakasama dati at nagkaroon kami ng isang anak..at hindi po kami ikinasal. Din nagkahiwalay din po kami dahil dumating sa punto na nagkalabuan kami. Tapos ngayon po ay pareho na kami nagkaroon ng sariling pamilya at kasal siya sa ibang lalaki at kasal na rin po ako ngayon. Wala narin po akong kuminkasyon sa kanya. Pero nakikita ko rin siya at anak ko palagi pag nasa amin ako. Ang hindi kolang maintindihan kung bakit kada pag uwi ko. Parating may complain sa munisipyo. Ang gusto niya dagdagan ko raw ang binibigay ko sa kanya. Pesos 2,000 po ang ibinibigay ko sa kanya once nasa barko po ako..katunayan po niyan si misis mismo naghuhulog sa account nong babae para lang ma bigyan talaga siya kada buwan kapag nasa barko ako. Pero pilit parin po niyang ginagawang rason ang bata para makakuha ng pera sakin. At ang gusto kolang i point out. Kung hindi niya po kayang palakihin ang bata. Eh, kukunin ko nalang po. Anu po ba ang pwede kung gawin at hindi niya na ako mahabol pa.

    Reply
  345. kcehr.

    Good evening po atty.
    unmerried with 2 kids
    work real estate unstable income….. good lng kc abroad c mama…
    i realy need legal advise right now……
    my 2 daughter needs my help… they dont want to stay on there mother kc po sinasaktan sila dahil late clang umuwi from there classmates house tama po ba na paluin ang bata pagtapos iuntog. d ko alam kung sa pader….. yan sabi ng anak ko panganay. ano po magagawa ko tulong para sa anak ko ayaw cla ibigay sakin ng ina nila. kahit ayaw na sa kanya ng mga bata.

    PLS… e mail me atty.

    Reply
  346. JENNYLYN

    Hello, I need your advice. We are 3 siblings in the family. My older sibling was given to my mother’s sister as for a legal adoption way back in the 80s. My older sibling then becomes their daughter legally after she was taken from our family, when she was 12 yrs. old. Our house and lot was given or made constructed/build paid by her my auntie’s husband, but unfortunately, the land title was kept from us as days gone by, because my uncle didn’t want our parents to sell it in the near future, for related reasons. Time passes by, and my adopted sibling got married, divorced, got into relationships, and currently now with a man who does not happen to be her husband yet, but she they have a 3 old daughter now, living in the U.S.
    In 2014, my younger brother got married, and they willfully chose to not to leave the house, no matter how my father kept on telling him and them to do so, instead of my parents, along with me would the leave the house for renting, because that is not actually good to everyone’s sight neither agreeing to Philippine law. Reasons for that is because my younger brother is a very self-willed person. He would even shout at us anytime he wanted to do so, He has a high temperament and uncontrolled emotions and mentality. He even never recognizes parents’ authorities over him. Examples of this are; he ignored the rule that he needs be home not too late nor not coming home overnight without asking neither telling any of our parents. Never asking permission whether he is allowed to go or not to someplace. Another thing is, he would tell any of his parents that he would be late for home, never tell parents that he is going. It may be a little thing, maybe nothing for somebody, but for me, it is a thing of Respect. And he would even shout and answered to my parents like, ” do you think I do know what I am doing at my age?” Or even bang the door or stamp her hands on the dining table, and such as banging plates in the kitchen sink, and the likes. Mind you, he even cursed me a lot of times… ( I have thought that he has a mental illness, and needs to be brought to the Psychiatrist, ar any doctor, maybe counselor who can actually help him shout out his heart and mind.
    When he got married, it was time for me leave the house for abroad. And these things and likes are what I was hearing happening in our house. And in my months not being in the house, I have been hearing that the couples have been fighting every now and then, shouting, throwing things that make noise that bother my parents, made them feel disrespected, tensed and problematic because my brother never listened to them.
    Time has passed, and nobody knows the reason why my two siblings wanted me to be kicked out from the house. We just all walked up never being in a nice relationship.
    They kept on bothering Mom and Dad, until now since my father died a year and a month ago. They still are doing things to make me not to be comfortable in our parent’s house.
    My question is, how much is my chance to fight for my right if my mom would not leave us a will in the future. Or even now that she is still with us. For every relative and neighbor we have, knew, even Mom acknowledges that my presence is very useful in our house, for I do the house cleaning, clothes washing of me and my Mom, (Mom does the cooking, w/c she just loves doing ever since). I do sometimes with my own and innovative recipe). People around, knew that Mom cannot do these things by herself for my sister-law never tried to do what I have been doing in our house, they even say that she is lazy-just concerned about her own room, that even her child’s mess and diapers would not be taken care of, it’s either me and mom do it even she is home.
    Yes, I have my 1 year and less 2 day-month-old niece. And who takes care and watches over her? Mom and I. And they wanted to kick me out of the house. Everybody say, “don’t they acknowledge Jen’s (my) presence in helping their Mom for their kid?” “How can their Mom do the stuff if Jen is out?” Do not they like that Jen is taking care of their Mom?”
    Please advise what to do. Yes, I don’t actually help in the house financially because I chose to leave every lux in my life when Mom has undergone cervical cancer. I chose to take care of my parents instead back in the 90s, then earning money for myself. That was the start of them hating me because I do not share financially maybe, ( but I guess, there is more than that, they might feel that my Dad favors me than them both, I always ran to him for advice) but I gave all my self, my physical strength for them. I do every single thing in the house while they are earning for Moms medication. I even bring Mom alone to the clinic for her treatment every day and sleep with her in the hospital during all her chemo treatments, go home to look good and do household chores, get back to the hospital with cooked food, which neither of my siblings did.
    Until the day my Father died, I was alone in the Hospital with my high fever and cough taking care of Dad, No one among my siblings did the thing like what I had done.
    Atty. Please advise me, do I have to right to be kicked out from the house?
    How much chance do I have by owning/inheriting my mother’s house if she does not leave us any will? – in the future)
    How much possibility that they can stay in the house if they just keep on looking for and making ways to make me angry and suffer discomfortness – wanting me to leave Mom and leave her to them.
    Does my sister who was happened to be adopted – legally changed her named 2x times still has rights for the house/owning the house. As I understood, she asked a lawyer to set things regarding our lost land title. Is it lawful if she or both of my siblings agree to pay for a lawyer to make a land title and named it to one of them, – to my brother most probably without my parent’s concern?
    My brother told me one time that he would file a petition for if I touch or get nigh to her kid. Yet me and Mon are being left in the house with the baby the whole day until past 9 pm. Can Mom survive?
    Yes, they do not want to hire a maid or a nanny for their kid, and not even giving Mom extra for that. Their financial shares are actually too short just even for both of their necessities such as food, electricity and water bill, the house actually, compared if they will rent one. If rights will be the issue here, whose right is more winning?
    thank you so much for patience reading this letter.
    Atty. I didn’t intend to make this one too long. But I also want to give you more specific details. thank so much and I’m hoping, really hoping that I can receive an e-mail back regarding this from you.

    Thank you so much.

    Yours,
    Jennylyn Aquino
    Angeles City, Pampanga
    Philippines

    Reply
  347. j21

    Thanks for the accept..hingi lang ako.advice. almost two years na kami hiwalay ng asawa ko. Meron nansyang kinakasama naniba which is dinedeny nya. Meron din ako pendingbcase sa kanya which is hinold k kasi somehow naawa ako sa kanya. Physica abuse un. After nun. Never sya nagbigay ng support. Di ko rin sya pinwersa pa. Nakakayanan k naman. Gusto k lang katahimikan. Ngayon last month nagulat ako binayaran nya ang oending tuition ng anak namin sa school at pinapalabas na nagsusustento sya. Ako pa ngayon ang pinabaranggay na tinatago ko daw ang anak ko. Samantalang same school and sa nanay ko ako nakatira which is alam nya pero ni minsan hndi sya nageffort na puntahan ang mga bata tapos bglang ganito nagugulo ang utak ng mga bata. Ano ba ang pwede k g gawin

    Reply
  348. Aria

    Hello Atty.,

    I am an 18 year-old illegitimate child. My mother has me from wednesday night to sunday noon. My father has me from sunday afternoon to wednesday night. I have always felt as if my mother did not care for my emotional being. It feels like a toxic relationship where she makes an issue over one matter and blows it out of proportion. But I feel that my father is the parent that I need so I can focus on better things. He has not failed to give me advice about career options and is always there for me, unlike my mother who i do not really communicate with. He has a nice home environment I feel I can grow as a person. It was sad that before I could only see him once a week.

    What do I do if I want to if I want to choose which parent to live with? In my case, I want to live with my father permanently, and not live with my mother anymore. What are the steps? Or can I just leave my mother’s house and never come back? However, she has all my documents such as birth certificate and passport.

    Please I do not want to have depression.

    Reply
  349. Jamie

    good evening po attorney. i’m a single mom. simula pong ipanganak ang anak ko, tita at tito ko po ang smasagot sa lahat ng gastusin namin. 2 years old na po ang anak ko. at gusto ko po ngayon na ako naman po ang bumuhay sa anak ko. pero hindi ko po magawa dahil hindi din po nila ako pinagtatrabaho. ang nangyayari po kasi, parang unti unti na pong nawawala ang karapatan ko sa anak ko. mas may authority pa sila sa anak ko po kaysa sa akin. ang gusto ko po sana, umalis kami ng anak ko dito sa bahay at tumira sa ibang bahay. ang inaalala ko lang po ay sigurado po ako na hindi nila kami papayagan na umalis dito. ano po ba ang dapat kong gawin mga makaalis kami ng anak ko po dito? sana po ay matulungan mo po ako. salamat po

    Reply
  350. charles

    Sir/madam,

    Mayron pa ako gustong maliwanagan sa kaso ng anak ko..lalaki po ang akin..mayron po siyang naging anak..sa kanya po nakapangalan at sa amin din po buhat pagkababy. Ngaun mag 1yrsold na..ngaun nakakalabuan cla ng babe at gusto kunin ang basta ng ina..OK lng PO yun sa amin..ang kaso I tong babae mo may dalawang anak pero iba iba ang ama..tanong ko po Ito po ba anak may karapatan sa kanya mapunta ang bata…na halos a raw a raw cya ang aalaga.yun ina PO paminsan minsan lng Kung dalawin ang bata…nagdesisyon NA ang anak na layuan cya.HINDi po sila kasal….may karapatan po ba na mapunta ang bata sa ama..salamat po..

    Reply
  351. Princess

    hi attorney:

    Bulag po ang aking pinsan at hiwalay sa aswa ng matagal na panahon na. Tanong po kung ano po ba ang karapatan ng isang BULAG na AMA para sa kanyang anak? ang mga anak po niya ay nasa nanay nito, gusto lang po sana mangyari ng aking pinsan na magkaroon ng karapatan para madalaw niya o bigyan siya ng karapatang makapiling ang kanyang mga anak. Anu po ba ang pwedeng gawin?

    Reply
  352. leiyan

    good evening po atty from london.

    i am a single mother of two girls. hinde po kami kasal ng tatay nila. both po pinanganak dito london. pero ung eldest ko po 4 yrs old. and youngest mg 3. firstly he filed for a full custody of our youngest but he lost so. ngaun nmn gusto nia po kunin ung eldest namin sa mother ko sa pinas. ganito po kase yun inuwi ng ex ko ung eldest namin sa pinas dahil hinde naman sha tumutulong at hinde ako maka work. so ngdecide kami na iuwi so sya ang naguwi. tapos ngaun gusto nman niang kunin ung eldest namin. nagbabanta na idedemanda ung nanay ko ng kidnapping and stuff.. tanong ko po. pwede nia pong kunin ung anak namen without consent sa mommy ko?

    Reply
  353. Richard

    Dear Atty,

    Good day po! tanong ko lang po kung paano proseso… may isang ina na gustong kusa ibigay yung kanyang baby pagka panganak niya at willing naman ng kahit anong kasulatan. Puede po ba na ganito ang setup namin?

    Reply
  354. Sheilyn

    Hi good evening po, tanong kulang po, nasa pinsan kopo ang anak ko since 5months old po siya ngayon po 9 years old npo siya, pwede kupa po ba siyang makuha? Nakapangalan po sa kanila ang Anak ko. sana po mabigyan niyo ako ng kasagutan sa tanong ko. Nang maghiwalay po kame ng papa ang Anak ko iniwan kopo anak ko sa pinsan ko my asawa napo siya 5yrs na silang sasama at hindi nagkakaanak at sakanya kpo naisip ewan ang anak ko, iniwan siya ngayon atbukas binalikan kpo sabi kopo kukunin kuna po ang anak ko kasi po hindi ko kaya na malayo sa ko sabi kpo sakanila gagawin ko lahat ng paraan para buhayin kya lang po ayaw napo ibalik by the next day, kaya po uwe po ako ng hindi ko dala ang ko, at makalipas po isang buwan bigala nlang po namen nalaman na buntis asawa ng pinsan ko , sinusobukan kpo kunon anak ayaw parin nila ibalik, nag karoon po ako ng abgong asawa at anak at ng mga panahon nayon marame po ako naririnig tungkol sakanila kung pano nila itato ang ko, pero hindi po ako kumikibo hangang sa umaabot sa time na pag nagtatalo sila mag asawa iniiwan sa tira ko o sa pinsan ko anak ng asawa ng pinsan at aalis cla anak niya na tunay syempre po sobrang sakit sakit, at madalas aaway sila ipapatawag akoat sasabihin naibabalik sakina ang bata at sv ko cge kukunin kuna pag nagkaayos sila ayaw nanaman po ibalik sakin, ang sabi panga ng tatay mgpinsan kosakanya kung gaganyanin niyo lang din ang bataibalik niyo sa nanay niya yan, last month nag punta ako para hiramin ko anak ko, hindi ko inaasan pag kuha ko sa kanyamy sakit at ang dame pong sugat sa ulo nilalangaw napo bata tinanong kpo kung ilang lingo na sabi po sakin mama 1buwan npo eto nagulat po ako, kya posabi wagka muna pumasok 1week gamotin muna kita ksi hindi marin po siya nakaktlog dahin pangangamot at sakit, ang sv kpo sananayng bata ibabalik pag galing, mgayon po plano kpo ibalik ng sunday ng hapon pero sunday palang po ng pinamumura npo ako ngpinsan ko kasi daw po hindi kopa po binabalik ang bata sabi kpo pinagaling kulang kasinakakaawa na, tpos hinhiram kpo sana kahapon kasi po birthday kpo gusto kopo makaasama ang anak ko kya lang po hindi kuna daw po mahihiram ang bata. Sna po mabigyang sagot katanongan ko maraming slamt po

    Reply
  355. Ivy

    Atty: my question ako.
    I was an OFW when my son is below 7 yrs. old he was with the care of he’s father. But now he’s 11 and he’s dad is also away from him due to work. My son is with the care of my husbands mother and sister. I have been deprive my rights since i left my son to them which lead me to report it to dswd even to the police as my husband want dont want me to borrow my own son when i went for a vacation. The thing is can i still get my son even if he is now 11? Also do i really need to ask permission to my husband mother nor sister to borrow my own son? I feel like i been deprive by my rights to this. Also before they kind of brainwashed my son and now they are kind of asking my son to who he will choose with. He was just 11 yr. old.
    Im looking forward for your response.
    Hope you could help me
    thanks

    Reply
  356. Ruby

    Hi po attorney
    Need ko po talaga ng tulong nyo . sana po mareplayan nyo ako . Meron po kasi akong asawa seaman po sya at meron kaming dalawang anak isang 3 years old at isang 2 years old . naghiwalay po kami sa kadahilanang nanakit po sya at lagi na po kaming nag aaway . denimanda nya po ako na may kalaguyo daw akong iba pero pina cancel din naman nya po yung demanda . ngayun po nasa ibang bansa po sya nagtatrabaho bilang seaman . yung mga magulang nya na po ang nakakatanggap ng sahod nya . tanging gatas nalang po ang pinapadala ng mga magulang nya sa mga bata na nandidito po sakin . gatas nalang po talaga wala ng iba . may karapatan po ba akong magreklamo laban sa asawa ko gayung hindi na po sapat yong senosustento nila sa mga anak ko ??? Chaka anu po ang karapatan ng anak ko laban sa ama nila ??

    Sana po mareplayan nyo .

    Reply
  357. Katrina

    Hello, Here ismy case. I got married last 2008 when I was already 2 months pregnant. My marriage with my husband didn’t worked, so we separated last 2011. Our son is already 8 years old now and is under the custody of my husband. My husband took away my son from me because when we were separated, I had a relationship with another man and got me pregnant. Our annulment case is still on-going right now. I just want to ask if it happens that our annulment will be granted, can I get back the custody of my son? Thank you..

    Reply
  358. Eiram

    Ask lang po, how to obatin a judicial declaration of custody. Requirements lang po ng partner ko para makuha mga anak nya dito sa Canada since inabandona nman sila ng nanay nila wayback 2004.

    Reply
  359. Mark anthony

    Atty. Can i ask something?
    Ganto po kase iniwan ng nanay ang mga anak ko saken 3months ago na ngayon gusto nya kunin yung 2&10months old ko na anak may laban po ba ako sakaling idala namen sa korte? Btw. Sya po ang gumawa at sumama sa ibang lalake at ako naman yung mga bata lang na iniwan ang inaalagaan ko actually yung bunso 3months palang nung iniwan nya. Sana po natulungan nyo ako.

    Reply
  360. Genmarl11

    My mom got annulled last 2 years and my NSO’s legitimate father stated is the 1st husband of my mom but I am not biological child of her 1st husband. My mom told me the reason why she used the 1st husband’s surname due to the hospital’s not discharging them because of all the expenses so my Mom decided to used her 1st husband’s info for the sake of making sure they’ll pay all the expenses from her 1st husband’s benefits to cover all his maternity charges. So basically my mom wasn’t also expecting that the hospital will pass all the info for the NSO registration. So i was declared legitimate child of her 1st husband without knowing the right thing to do. So my Biological dad and my mom decided to have me a late registration to recognize the paternity of my biological dad. They were advised to have civil wedding just to have a recognition that he’s the biological dad, so when my mom filed a case for legitimization , the court didn’t grant the case due to void and null civil wedding because they were not annulled yet during the civil wedding happened. My mom already did a lot of strategies just to make sure i’ll be recognized as legitimate child of my biological dad. What steps should we do to make sure i have already a legitimate identity because i am using my biological dad’s surname the entire transactions i had from preschool til college though my surname on my NSO is my mom’s first husband. Thank you so much IF you can address this concern. May God Bless you. Have a good day!

    Reply
  361. DeeCee

    Good PM Atty. I just wanted to ask lang po, My ex-wife dont have work, Ako meron, I can compensate all the needs of my children. I can also say na mejo may kataasan ang salary ko. But sya, since walang work. there is no source of income but her parents, meron business. Kanino mapupunta ang mga anak ko? Is it sakin ba which is kaya ko pong masupportahan sila, or dun sa ex wife ko na walang work but aasa sa business ng kanyang magulang?

    Reply
  362. Mary Jane

    Good pm po, nagfile po ako ng annulment nagrant po ito . pero hindi ko pa po hawak ung decision sabi ng attorney iba pa po ang case para s custody ng anak ko para matapos annulment. paano po ba step non,matagal po ba at ibang bayad and case po ba iyon para sa custody?

    salamat po sa sagot in advance
    regards

    Reply
  363. Rosauro

    Hello…. I don’t know if you could help my niece with this matter….
    She just started working abroad and she is a single parent of a 2 year old boy…. she had to leave her son behind so she could give him a good future in the care of the baby’s grandmother and grandfather (which happens to be my brother and sister in law).
    Now the grandparents of the baby wants to travel to palawan and Boracay once 2018 rolls in, and they wanted to bring the baby with them… but they were told they cannot bring the baby because they are not the legal parents…
    What kind of legal paperwork can my niece get from where she’s at (she is in Dubai if I’m not mistaken)?
    And should it be a paperwork that came from the Philippine Embassy? Or just a regular letter made by a lawyer (in Dubai) and signed and sealed?
    What kind of paperwork do they usually look for in the Philippines to have the grandparents of the baby as the temporary caretaker (who’s mom is working outside the Philippines)?
    Please advise me on what they should do….. thank you and I will wait for your response.

    Reply
  364. Rebecca

    Good morning po atty. meron po akong 3 anak 18, 16 at 6. Hindi po kami kasal ng tatay nila at wala po akong trabaho. Ang tatay po nila ay nasa US at american citizen po at monthly umuuwi dito. Nagdecide po ako tapusin na ang relasyon at itatanong ko po sana kung Sa akin po ba mapunta ang custody ng mga anak ko kahit wala akong trabaho? Paano po ba ang child support at isa po sa kanila college na, senior high school ang pangalawa at ang bunso ay incoming junior high school. Malaki po ang kinikita nya sa US at ginigipit kami sa padala,. Ano po ba maipapayo nyo?

    Reply
  365. Zenaida

    hi Attorney,ako po ay nabuntis Ng African at pinanganak ko sa ibang Bansa ung bata at sa kadahilanang ako ay illegal nakauwi km Ng bata gamit nag travel document nakuhanan ko sia Ng birthcertificate gamit ang apelyedo Ng tatay nia,mga after 1 year sia Iniwan ko sa pangangalaga Ng akong ina at kapatid,nong mga 1 till mag tatlo taon sia ngpapadala ang tatay nia Ng pera pero d nmn monthly. ngaun huminto sia mgpadala cimula nong January this year till now at nanabalitaan ko na punta daw sia nextyear kunin ang anak ko kung d ko daw ipapakita sa kanya mapipilitan daw sia kunin at ilayo sakin,pero d nmn sia pinagbabawalan na tawagan nia ang bata pero ung anak namin kasi ayaw kumausap..makukuha nia basta basta anak ko attorney,nandito po ako hongkong ngaun nagtratrabaho para sa aking..salamat po
    nag aantay sa sagot niu Zenaida

    Reply
  366. dailyn

    Hello atty. Gusto ko lg po ng advice tungkol po doon sa anak nang pinsan ko. Yung pinsan ko kasi at yung nanay nang bata gusto nilang kunin. Nsa pinsan kasi nang nanay yung baby. Ganito po kasi yun nong nanganak sya kinuha nila agad yung baby. Sabi nang pinsan ko kunin nya yung bata. Ayaw nang ibigay sa kanila kasi inadopt nila legal. Eh sabi namin hindi nman sila ngpunta sa DSWD pra legal. Wala nmn silang adoption papers. Posible po ba na sa kanila mapunta ang bata? Kasi sila nmn yung bioligical parents.

    Reply
  367. Rhonda

    Dear Atty,
    I am humbly asking your advice for a friend in Philippines. Her sister was given a child by a friend and fellow addict right after birth. The sister would leaves the child with my friend and only takes it to show it off and run around. As soon as there’s no diaper or milk she returns the child to my friend. The baby now just a little over a year looses weight and is put in harm’s way whenever the sister asks to borrow the child. My friend has contacted the biological mother who is now in prison for drugs and the unwed biological father. They agreed that the baby should stay with my friend. With this said, they are all afraid that the sister might contact bantay Bata or something and the child will be taken by dswd and wouldn’t be able to get back for 2years… What is the best action that they should take to ensure the child stays with my friend and remains well cared for and above all loved?

    Reply
  368. Joylyn

    I hope you can give me an advice and help me clear my mind..

    I have a husband but left me on the year 2015, we have 2 daughter the eldest is just 3 years old that time and our youngest was 1 year old. Now this year 2017 his family start visiting and see our children at first I allow them to see my daughters but on there 3rd day of visiting my daughters they said that they want to take my daughters to attend a pool party but the location was far away from where I live with my daughters.

    When they said those words I was so affraid that what if they do take my daughters and I refuse them,

    On the 4th day they visited my children I told them to stop coming because I was affraid that they will said again that they want my daughters to go with them so that’s why I told them to stop.

    The grandmother and all his sisters and even the husband of his sister accouse me of hiding my children from them and they were so angry that I was not allowing them to see my daughters.

    More than 2 years that my husband left us he never comes back tell now nor giving support to my children.

    He left me once when our eldest daughter where only 3 months old but I give him second chance that time but left us again when our youngest daughter where just 1 years old.

    He never once try to see our daughters.

    He abandoned me and my daughters he took all our savings and left me zero balance that time.

    His family said they well file a case against me for hiding my children from them but they just start visiting my children this year 2017 after my husband left us in year 2015.

    I didn’t hide my daughters, they know where I was living and yet they just start visiting my daughters just now and accousing me that I was the one who done the wrong thing.

    Please give me some advice it really give me a hard time rightnow.

    I don’t want to lose any of my children, they said that even I hide my daughters when my eldest daughter rich 7 years old they will going to teke her away from me.

    They also said that I don’t have the right to say no to them when they are visiting my daughters.

    What am I going to do for not losing any of my daughters or filling a case against me.

    Reply
  369. Rg

    Hello Atty,

    I would like to know if we have a chance of taking the legal custody of my sister’s daughter who died when the baby is still 10 months old. The daughter is under his name on the birth certificate. The grand mother already took charge of taking care of the baby and was given a chance to bring the baby abroad and study up to now. She is currently 9 years old and her father is threatening us to take legal action to take her daughter back. The daughter is based here abroad living with us together with the grandparents. I am considering as her mom together with my other 3 children. The father is a musician with another illigetimate child from a different mother.
    Looking forward to your advice to pursue the case in the future.

    Reply
  370. Liah

    Good day. My brother is OFW, He visited here in Philippines last year. His wife decided to have a separation from him. His daughter choose my brother. Can our mother which is her grandmother are allowed to be a legal guardian of my niece? we have a special power of attorney which allowed my mother to be the guardian of my niece. Thank you

    Reply
  371. MONA KRIZZA

    Atty.. I need an advice regarding to my previous relationship were not married. She’s unemployed. Now she have a partner and 2 kids from different men. But my son is the oldest from them.I have also a own family now.We are separated for 5 years now.But we have a son who is turning 7 years old this year. Im planning of custody to my child . Do you think I am more legible to get my son because I have a job and well oriented family than her. Thanks for advance

    Reply
  372. Cyrus

    Atty good day po! Me and my wife are seperated but not yet annuled for more than 4 years already. Is there a possibility that I can have our kids’ custody(7 & 6 yrs old) since she already have her new baby with her new live in partner? I have a stable job and I dont have any girlfriend or any partner. Thank you po.

    Reply
  373. nouha

    my husband have the custody for his daughter who is now 12 yrs old..under govt and islamic law.. will it still be honored when he moved and live in philippines? or the country has its own law above thsi matter? has the mother hold the right to ask for custody at her present age ? ( 12 yrs old)

    Reply
  374. Kisses

    Kami po ng dati kong livein ay may dlawang anak..both boys..
    Naghiwalay po kami sa mga hindi mpagkasunduang bagay..umalis po ako sa amin at tumira sa magulang ko ..naiwan po sa kanya ang dlawang bata dahil nagaaral po ung panganay at ung bunso nman ay hindi ko maisama dahil masyadong maki ama..eventually nkpagtrbaho sa maynila..nagkaroon po ako ng bagong pagibig at nagssama kami sa iisang bubong ..galit na galit sa akin ang dati kong livein partner..hinihiram ko po ang bata at nagmmkaawa ako kahit isang gabi lang makasama .ibbalik ko din kinabukasan pero ayaw nya po ipahiram sa akin.ang gusto po nyang mangyari ay umuwi ako pra makatabi at mkasama sila..kahit sa bhay ng magulang ko ay payag nman sya na isama ko mga bata .pero ako po ay dito na permanente nkatira sa quezon city..at dto ko gustong isama ang mga anak ko.isang 5yrs old at isang 3..
    Ano po ang dpat kong gawin

    Reply
  375. zhaira

    good eve po atty.

    tanong ko lang po kung anong dapat naming gawin.. kasi po yung kuya ko po.. hiwalay na po sila ng kinakasama nya. yung kinakasama nya pong yun ay 18 years old palang at ang kuya ko ay 26 years old na.. may anak po sila dalawa na dapat kaso namatay na po yung panganay wala pang isang buwan dahil sa kapabayaan ng nanay.. ngayon po ang anak po nila ay 4 months palang yung nanay po ng bata ay nanlalake di pa po sila hiwalay ng kuya ko.. pero ngayon po nag hiwalay na po sila kasi nasasaktan na po yung kuya ko.. nung linggo po dinala ng babae yung bata sa bahay ng lalake nya.. at dun sila natulog ng bata pero ang sabi lang po ng babae sa kuya ko ay mag sisimba.. nung lunes ng hapon bumalik na ang mag ina sa kuya ko.. pero natatakot na po yung kuya ko kasi baka ihiwalay nanaman po sa kanya yung anak nya.. eh alam po naming lahat na wala pong masyadong alam o kakayahan yung nanay na mag alaga ng bata kaya gusto po sana naming itago yung bata sa kanya.. pero nag dadalawang isip po kami kasi baka makasuhan ng kidnapping.. ano pong gagawin namin atty.? nahihirapan na po yung kuya kong mag isip pero tanong ko lang atty… may posibilidad po bang makasuhan yung kuya ko kung sakali kahit na sya ang ama ng bata?.. tsaka may posibilidad din po bang mapunta sa kuya ko yung bat?

    PS: di po sila kasal ng babae atty.. salamat po

    Reply
  376. Leni

    Hi atty. I am a single mom of 2. I am currently living in with the father of my 2nd child for 7yrs now. We’ve been dating for 2 yrs when we we have our baby. I have an eldest child with a different man. Our child is now 13yrs old. My child told me that her dad and lola are planning to file a joint custody battle. What are my chances and his chances of getting the custody of our child? We were never married. He is now married how several years but they don’t have a child. When my daughter was only 4 she once told me that her dad cane home drunk with his friends. They slept in their room. My child and her father is sharing the same room at their house. My daughter once said ang panghi ng room nila umihi raw sa bed ang kasama si daddy. At an early age my daughter is fully aware that his father drinks a lot and often. Until now that he has his own house with his wife. The same things are happening. But he came from a rich family that can fully support my child’s needs. Just few days after i gave birth they already wanted to get the child from me. I was never madamot because i know that they are providing everything that my chikd needs. I remember her lola ask me after giving birth. San ba uuwi ang bata sa amin ba or sa iyo? They even convinced me of how am i suppose to take care of my child i was studying then i was only 19. So we agreed that the child stays with them during week days and i get to see my new born every weekend only. Until i got a job and can support my child so i took her and they get to see her weekends. In my part, i don’t have a job right now but im currently working on with some trainings ang reviews to be a teacher. My partner was married when we meet. He and his ex wife were already separated but not legally when we meet at 2009. My daughter was 4yrs old then. They file for an annulment last 2012 was not granted and appealed last 2015. The annulment was granted dec 2017. Now we are planning to get married on 2019. Atty, again, what are his chances . Thank you

    Reply
  377. gilbert

    Atty,
    isa po akong ofw dito sa saudi arabia nagka roon po ako ng dalawang anak na nasa edad na 23yrs old ang bunso at 25yrs old na yung panganay ngayon ang panganay po ay may trabaho na at may anak na isa ang bunso ay tapos ng pag-aaral at ito ay nag tatrabaho na din. patuloy pa din po akong nag susuporta sa kanila ng sustento. almost 20 yrs na po ako hiwalay sa asawa ko. ang tanong ko po anu po ang edad ng mga bata na para ihinto kona ang supporta ko sa kanila at makapag ipon naman ako ng para sa akin para sa pagtanda ko? marami pong salamat….

    aibara iduas

    Reply
  378. rusenth

    Hi ask ko lang kasal ako sa wife q we are 1 year mhgit ng hiwalay , 1year din akong nag padala ng suporta pro hnd nya ipinakita. til i decided na ipakita nya ito.at ipinakita nya ito pro isng beses lng. another day is came, hnd nanaman nya ipinakita ang bata pro nang hihingi ng sustento , hnd q ibinigay ang sustento bagkus itinago q at inipon ang pera hanggang ipakita niya ito. my labn ba ako as husband and father na makahati sa custody ng bata ? mag 4 years old na ang son ko. gsto q po kc mang yare tig half month kme na makasama ang bata pra fair. pde po kya ito as my request bilang kasal naman ako ?

    Reply
  379. Azumi

    GOOD afternoon po.
    I have a friend from Denmark, he is married to a Filipina in Philippines they have two son but they marriage does not work out because they like a cat and dog even in a small thing, and January 2017 they had a arguments about in a RIGHT TURN. They going to pangasinan to check some of the bamboos they shouting each other like there’s no space on their’s face,then his Filipina wife left him in the middle of the mountain he don’t know where to go because he is a foreigner he also don’t have a data or wife to use his maps. So his so scared then he drove straight ask some farmers is they daw nearby convenience store so hi could use wifi. Lucky he reach house of his wife grandparents, they parent staring at him like he did a worse thing to her Filipina wife, so he tried to talk to them but then his wife come out from her grandparents house then suddenly she point her finger to my friend forehead and told him GET OUT OF OUR HOUSE I DON’T WANNA SEE YOU ANYMORE YOU NEED TO GROW UP and kick him out LIKE a dog on her grandparents house in front of her family and neighbors she humiliate my friend totally ,my friend don’t know where to go he don’t have friends in Philippines ,, she did not do it in one time she did it two times to again and again what if something bad happened out in the streets him and she burn her flights ticket to Denmark and broke her visa to Denmark now she cannot go to denmark because she broke her special visa, and now my friend wants a divorce to her but she don’t want.my friend also told me that he coming to Philippines November 20, but his wife told him that they waiting the news from immigration because her and her family monitor his travel,, and she also him that they will file a demand against to him like marital rape and abandonment,,they trying to blackmail my Danish friend, now my friend was so scared because he thinking maybe go to jail in Philippines. What do you think about it ? Do you think my friend can hold the immigration of the Philippines and put him in jail if his wife family file a demand against him? Is that possible?? I really want help to him my friend but I also don’t know about Philippines laws, I hope I can hear your answer thank you…

    Reply
  380. vikki

    Hello po attorney..pls po pa advice ako.. anak po ng kapatid ng husband ko iniwan sa amin baby pa mga 2 months old.ngayon po 5 years old na ang bata..puede pa po ba syang kunin ng nanay sa amin. kasi po iniwan lng sana sa amin kasi mag aaral lng ang nanay ngayon after 1 year nalaman na lng po namin na buntis na naman po..

    masakit lng po kasi super attached na po ako sa bata MAMA na po turing sa akin

    Reply
  381. Cherryl

    Dear atty, my brother has 2children, 12yo boy and 7yo girl.my brother and his wife had a disagreement that lead to separation. The mother took the 2 children without the knowledge of the father and without saying the whereabouts of the children. In the last quarter of the school year. Not taking in consideration the negative effect on the studies of the children and their emotions since they are close to the father. What shall we do? Can we file a case againts the mothers actions? Pls. Help enlighten us.

    Reply
  382. RESTY

    GOOD DAY PO
    ANO PO B DPAT KONG GAWIN KC PO MAY ANAK PO AKO PRO ANNUL N PO ANG KASAL KO NGAYON PO NAG WORK AKO ABROAD NUNG UNA ANG ANAK KO NSA PARENTS KO PRO DHIL DI N NILA KAYA DINALA KO S NANAY NYA. NGAYON IBINALIK NYA PO S PARENTS KO BATA DHIL MAKULIT DW PO.DI N PO KAYA NG MAGULANG KO N ALAGAAN MATANDA N PO SILA PWEDE PO B KONG MAG SAMPA NG KASO LABAN S X WIFE KO.

    Reply
  383. richard

    nahuli ko p asawa ko n may caught in the act n may ibang lalaki nakapatong s knya at 6mnths d dw nila gngw yun, gusto ko cla ipakulong nung tym n yun pero inisip ko p ang kahihiyan n idudulot s mga anak kng babae. ang problem ko e may anak kmi 4 yrs old at ang alam ko s batas e s knya mapupunta ang custody ng bunso nmin pag hiniwalayan ko sya dhl under 7yrs old p. ang tanung ko po e kasama po b s compilling reason yun gnwa nya n pag sesex s ibang guy pra s akin mapunta ang sole custody ng bunso nmin. sana po masagot nyo. tnx

    Reply
  384. JCdelic21

    Good day po Atty,

    Ask ko lang po sana pano ang gagawin ant mga karapatan ko sa anak ko. Nagkaanak po kami ng dati kong gf. Ngyon po nasa Australia na cya pero hinihingian po ako ng letter na full custody ng bata with pirma ng judge. Gagamitin daw po nya para mai apply nya yung anak namin ng PR sa AU. Ano po ba ang dapt ko gawin? Para maibgy ko. Mawawalan po ba ako ng karapatan sa bata pag gnawa ko yun? Salamat po.

    Reply
  385. Melody not my true name poh

    Hello Atty.,
    gusto q lng poh consult regarding for my baby custody poh. nauwi poh aq ngaun sa province namin just to visit my pamily here. my anak poh aq 2 dinala q poh iyong eldest iyong baby q poh na 6 months old nasa asawa q. nuong before poh aq umalis okay lng poh nman kmi nng asawa q di q nman poh akalain na gaganituhin nya q. di na nya paanu sakin iyong baby q. gusto q pong kunin sa kanya? kaso nasa manila poh xa ngaun.. anu poh bang dapat q gawin? pra marekkamo q xa?

    Reply
  386. Chris jam

    Good day maam/sir .
    Need ko lang nang tulong . ? I have a child 5months old and our relationship with his mother is soo complicated she always fights me scares me that she will break up with me and she wants the custody of my child even though she is an unemployed person , doesn’t have work at all . and I am sick and tired of pretending that I love her because she always fights me . and I don’t want my baby to be with her mother ? How can he support my baby if she doesn’t have work at all . can I father have the legal custody of my baby ?

    Reply
  387. Princess

    Good day.ask ko lang po attorney,kasal po kmi ng asawa ko.2yrs lang po kmi nagsama then naghiwalay na po kmi.Never po sya nagbigay ng sustento sa daughter ko eversince naghiwalay kmi.Ngayon po my daughter is already 6years old.may karapatan po ba ang asawa ko na kunin sakin ang anak ko pagdating nya ng 7years old kahit d sya nagsusustento sa anak ko given na sya ang father ng anak ko?Wala po kmi communication ng asawa ko after nmin maghiwalay,ano po ba pede ko gawin na legal actions para maalis ko sya sa beneficiary ko like sa sss ko?Totoo po ba na pede ko mapawalan bisa ang kasal nmin kung umabot sa 7 years na separated na kmi?thank you and more power po.Godbless

    Reply
  388. Julie Ann

    Good day po, need ko po ng advice.. nasa byenan ko po ang bunsong anak ko 11yrs old na po siya.. last year po kukunin ko na po ang bata sa kanila ang sabi po nila huwag muna dahil naienroll na po nila sayang naman daw po ang binayad.. pinagbigyan ko po… last oct 2017 nagbakasyon po sakin ang anak ko at ayaw ng umuwi sa kanila at ang sabi niya hindi na daw siya tatagal pa dun kahit isang araw.. kinausap ko sila bilang respeto sa kanila na kukunin ko na ang anak ko.. nakiusap na naman po sila at nangako na gusto lang nilang makita ang anak ko na makagraduate ng elementary at sa araw ng graduation pinagdadala nila ako ng sasakyan para dun mismo sa araw na makagraduate ang anak ko maiuwi ko na din ang bata.. nagtanong po ako kung kelan ang graduation ang sabi sa march 23 daw po.. nung sinabi ko po na paki clear lang po ang date para masabihan ko po ang service .. iba na naman po sinasabi nila.. kesyo ipaubaya na daw sa kanila ang bata tutal naman daw 3 daw ang kasama kong anak sakin.. ask ko lang po .. may karapatan po ba sila na huwag ibigay po sakin ang bata ? 5yrs na po kaming hiwalay ng anak nila at may ibang pamilya na sa japan ang asawa ko.. sa kanila na din po nanggaling na hindi nagsusuporta ang ama sa bata at kahit po sa amin wala. ano po ang pwede kong gawin dahil ayaw po nilang ibigay ang anak ko? tama po ba na sinabi ko na after na ng holy week ko kukunin ang bata at magsasama na ako ng dswd para makuha na anak ko po? sana po matulungan nyo po ako.. maraming salamat po

    Reply
  389. Pong

    Magandang araw po atty. Tanung ko lang po. Isa po akong person with disabilty may anak po ako isang taon at pitong buwan. Kasal po kami sa civil ng asawa ko. Ang tanung kolang po kanino ma custody yung anak ko. Wala naman trabaho asawa ko. Dati sya ofw. Nanakit po sya pag galit. Parang may problema sa pag iisip pag galit parang papatay ng tao. Madaming beses napo ako binogbog . Pati mga magulang gusto pa nyang tagain.ako naman po may maliit nanegosyo. At sinusoportahan naman po ako ng aking kapatid na nandoon sa labas.

    Reply
  390. Shyne

    May i ask po kung ano dapat naming gawin. Kasi ganito po yun. I have my pamangkins simula pa nung nag abroad ang mother nila sila kuya at nanay na ang nag alaga sakanila. Nagkaproblema na din po ang relasyon nila ng kuya ko. At ito na nga po yun dumating na yung nanay nila at gusto kunin mga bata pero ayaw ng mga bata na sumama sa mother nila. And honestly ayaw din namin na malayo sa amin mga bata. Ano po dapat naming gawin?

    Reply
  391. Danamarie

    Atty good morning po, i need your advise. Case po ito ng kapatid ko at ung bf nia my anak sila. Ang kapatid ko nasa Saudi at ung bf nia nasa Laguna lang. My sakit sia kidney problems. Pabalik2 sia ng hospital. Ngaun ang Problema gusto nia kunin anak nia. Ang bta pla simula ng maliit yan kapatid at nanay ko na ang ng aalaga. Ngaun nasa Laguna ang bta kc ngbakasyon sa request ng ama na gusto nia maksama ang bta dhil nga my sakit sia at prang d na dw sia mgtatagal. Simula December hanggang ngaun nasa Laguna pa din ang bta . Ngaun uuwi na sa province nmin mother ko at kasama nga anak nia na pamangkin ko. Ngaun gusto nia ito kunin mgsumbong dw sia sa dswd kc dw wula naman dw right kapatid ko ksi nga nasa saudi sia. Sustentado ang bta pati ung ama . Ang bta pla ayaw sumama sa ama nia. Tas sabi nman ng ama pg d dw makinig isisilid nia sa sako ang bta. Mas lalo pa nian mtakot ang bta sa knya. D nman sia pingbabawalan na mkita ang bta. Pg gusto nia mkita ang bta pinapakita nman . Kaso un nga lang months muna bgo nia mkita kc nga Laguna at negros ang pagitan. Sino po ba ang mas my karapatan sa bta ang lola o sia na ama na my sakit at pabalik sa hospital? Hindi po sila kasal ng kapatid ko.
    Maraming salamat po.. godbless

    Reply
  392. Laurice

    Good day po,

    My name is Laurie and I currently live overseas with my husband.
    My main concern is about a case regarding my brother, his wife(my sister-in-law) and their three children aged 7,6 and 4 respectively.
    My sister-in-law is in Hong Kong now and just recently, she admitted to being infidel to my brother. She also told us that she’s never coming back for us, for her family but she only wants her children. My brother wants to take actions regarding getting the full custody of their three children. And hopefully for me to foster one of their kids and bring him/her to US with us. All the kids live with my brother and our parents in our parents house in Imus, Cavite. My sister-in-law used to live there as well before she went to Hong Kong. My brother is jobless now because one of them needed to be with the children while the other is away..unfortunately, my brother has been left out jobless and cheated..he’s trying to get a new job now knowing that she’s not coming back. We want to know the courses of action that we can take to start the process of getting the full custody of the children. And we want to know the ways on how we can possibly won this against my sister-in-law.
    Thank you so much and I hope to hear from you soon!

    Reply
  393. Marvin

    Good day, may anak ako jan sa Pinas mg 4 yrs old n cya, mila pinanganak sinuporthan ko cya financially, hangang ngkalabuan kmi ng mother nya nag asawa ung mother nya recently ngaun ang usapan nmin suportahan ko ung anak ko ok nman sakin nung pinapadalhan ko pa cya ng pera pra sa anak ko pinapakita p skin ung anak ko video call kmi twice a week, but then my ngsabi skin n ung pera n pinapadala ko eh d lhat npupunta sa anak ko so I decided n ibigay ko nlang ang suporta ko sa anak ko in kind sbi ko ilista nya lahat needs ng anak ko kmi bibili pg check up kmi mgbayadmgtxt lng cya, nung ganun n ang sitwasyon about supporta ko sa anak ko d n ako ngbibigay ng pera instead mga needs nlang nya ayaw n nla ipakita skin ung bata tinago n nla, at nababalitaan ko n pg umaalis cla ng bago nyang asawa iniiwan lng anak ko sa family nya or mga relatives nla, gsto ko sna mgkaroon ng acces sa anak ko or much better makuha ko ang custody kc gsto ko cya makuha Dto sa Canada, i am willing to hire a lawyer for my rights s anak ko, unemployed ung ex ko umaasa lng cya s asawa nya which is not enough for them, and I’m sure d nla kya ibigay kya ko ibigay sa bata, please send me an email or add me on my Facebook Marvin Dela Vega, kung my family lawyer man na interested to help me. Thank you

    Reply
  394. Ariane

    Good day po! Meron po akong pamangkin, 6 years na po namin siyang kasama, 8 months palang po ang nanay niya iniwan na siya dahil daw po magttrabho pero simula nun di na bumalik dahil nag asawa na ng iba. Ngayon po, kinukuha niya saamin ang bata, may laban po ba kami kung sakaling idaan sa batas? Salamat po in advance

    Reply
  395. Malou

    Good pm po atty. ask ko lng, may chance ba.p n mpunta skin ang full costudy ng anak ko na 8years old n ngaun khit nasa abroad ako? im an OFW at andto ako sa HK ngaun. Nkpaghiwalay po ako s asawa ko dhil sa paulit ulit nyang pambabae.Yung anak ko po ay nasa pangangalaga ng parents ko at ako lng po ang sumusuporta s lht ng needs ng anak ko. Never pong nagbigay ngbsustento ang tatay nya mula nung knuha ko sknya. Ang tanong ko po, my chance ba na sa akin ang costudy s anak ko kahit andto ako s abrod or kialangan ko bang umuwi at mag stay na sa Pinas pra lng masigurado na s akin ang bata?kung di po ako mag a abrod, ako lng ang sumusuporta s mga anak ko. Salamat po.

    Reply
  396. Jay

    Atty..pahingi nmn po nang advice mero po ako dlawang anak tpos nsa ina ngaun…ngbibigay nmn po ako nang supporta…peru ngaun po tnangalan nya ako nang karapatan sa mga anak ko kc d ko nsagot un tawag nya….d po kmi kasado tpos po ayaw nya din ipahiram sa mga mgulng ko ung mga bata…Tpos po ng request ako na sa bahay nang mga mgulng ko e celebrate un bday nang bunso ko kasi minsan lng kmi completo nang pamilya ko tapos ayaw nyang pumayag…anu dapt kong gawin attorney…isa pa po ang papa nya adik ewan kulng po nangaun

    Reply
  397. buts

    hi po. kasal po kami ng misis ko.. naghiwalay po kami ng march 2017, ngayon gipit po ako from may 2017 to agust 2017 kasi strike po ang company namin. tapos po nakapagsupporta po ako ng sept. kaso po sa sobrang pag aaway namin through text pinagbawalan ako mag sustento sa bata at binantaan na di ipapahiram sakin ung bata. tinatabi ko nalang po ung dapat naibagay ko sa bata at nag decision na ipasok nalang sa insurance kung saan beneficiary ang bata. ang reason po kung bakit kami naghiwalay ay nagkaroon ng third party itong si misis ano po magandang gawin? at sila pa may planong baliktarin ako? na ako daw ay may babae ngayon. tas pinapakulam daw ng babae ko ung mag ina ko..

    Reply
  398. giorgeous

    hello po .gusto ko lang po sana humingi ng legal advice.. ang 4yrs old ko po na bunsong anak naka apelido po sia sa tatay nia na dati kong kinakasama..hindi po kame kasal kasi kasal pa sia sa iba pero matagal narin po silang hiwalay at may anak din sila .. nagsama po kame ng halos 3taon ..pero di kame magkasundo ,lagi kme nag aaway at ang pinaka nagtulak sakin na iwan sia is yung pinag aawayan narin po namen ang mga bata ,ang unang anak nia at unang anak ko din po..kaya bilang ina minabute ko na iwan na lang sia dhil muntik n nia akong saktan sa harap ng mga anak ko napigil lang ng nanay nia ..ngaun po ang gusto ko po kc malaman is kung pano ko po mapapalitan ang apelido ng anak ko at mailipat n lng sakin ang surname ng anak ko..? plss paki bgyan po ako ng magandang advice at magandang gawin para dito kasi mag aaral na po ang anak ko . thanks in advance

    Reply
  399. Camarin

    Advice pls!
    My fiance and I use to live in the Philippines but we left to the US be with my family because we have a daughter together and one on the way. However, he has a son back in the Philippines who lives with his mom and her family who are also all US citizens residing in the Philippines. My fiance’s son is about to be 7 y/o and we want to try to get some custody or legal rights because my fiance’s son’s mother is keeping him from us. No contact since October 2016.

    What is my fiance able to do?

    Reply
  400. Armie

    Good pm Atty. Problema po ng ate ko kung paano niya kukunin yung anak niya. Ganito po ang nangyare…

    Nabuntis po yung ate ko at iniwan ng bf niya. Dahil gulong-gulo siya, iniwan niya yung pamangkin ko sa tatay namin. Umalis yung ate ko at di na bumalik. Mag-isa lang po ng father ko sa bahay namin dahil hiwalay na sila ni nanay at ako naman ay nag-aaral(working student) noon.

    Nung 4 or 5 yrs old na po yung niece ko, pumanaw po si tatay. Bago pumanaw si tatay, ibinilin daw niya yung niece ko sa pinsan ko na may ka-live-in at wala pang anak.

    Nagalit ako noon sa ate ko dahil hindi man lang siya pumunta nung burol ni tatay. Kinokontak namin siya pero hindi namin siya nakontak.

    After 1 or 2 yrs, bumalik ang ate ko para kunin yung pamangkin ko pero ayaw nung pinsan ko lalo na nung ka-live-in niya. Nagalit ang ate ko dahil nalaman niya na sinasaktan yung niece ko kaya nagpumilit siyang kunin yung bata pero pinagbawalan siya nung babae(ka-live-in ng pinsan ko) at sinaktan pa yung ate ko. Dahil mag-isa noon ng ate ko, hindi niya nakuha yung niece ko.

    Ngayon, mga 8yrs old na yung niece ko at bumalik ulit yung ate ko kasama ang kanyang asawa para kunin ang bata pero hindi nila nadatnan ang bata at yung babae. Ayon sa pinsan ko, inuwi daw ng babae ang niece ko sa Zamboanga dahil nag-away sila. Kinontak ng ate ko yung babae. Sinagot niya yung unang tawag pero hindi na yung mga sumunod.

    Ano po ang dapat gawin ng ate ko? Sa kanya pa rin po ba dapat ang kustodiya ng niece ko? Hindi po ba siya makakasuhan ng abandonment?

    Reply
  401. Tors

    Good Day Atty.:

    May itatanong po sana ako Atty., yung ate ko po kasi gusto nang kunin yung custody ng anak nya na 16 years old. May right na po ba yung bata na pumili kung saan mapupunta ang custody nya?

    Ang sitwasyon po kasi bago maghiwalay yung ate ko at asawa nya, nag karoon sya ng affair sa iba, ganon din po yung asawa nya nag karoon din ng affair sa iba. May nabasa po kasi ako na kapag “CONVICTED ADULTERY”, mawawala na yung karapatan ng magulang sa bata, but then di naman po di naman po sila nag kasuhan, so walang conviction.

    Maraming salamat po,
    God Bless.

    Reply
  402. A

    Good am. I have a situation here. I have a daughter who was born July 18, 2010 when I was 17. My mother, being the protective kind, didn’t want my cousins and aunts to know, hid it from them until she was 3 years old. Back then, she wouldn’t let me learn how to take care of my child. She would be the one to bathe, choose the baby clothes, etc. The baby even calls her mommy and I, she would just mention my name. I tried to teach my daughter that she calls me her mom, but she grew up really confused. As a teen mom, ofc I didnt knew what to do but I was expecting some kind of parental lessons from her. But she would always be in charge of everything, even the name of the baby, the baptismal, etc. She wouldn’t let me have a say. It seems like my only job was to provide breastmilk, which she also took control over. She stopped me from breastfeeding for about 2 months when I really wanted to breastmilk until a year. When my baby was 4 years old, I left home, because my mom is a very toxic person—I couldn’t handle how she treats me, and a lot of other factors. It was only after 2 years when I started to visit my daughter, my sister would let me see her. My daughter and I would really have a good time. 3 months ago, I moved back home. And I realized how badly she would treat my daughter when she becomes angry or irritated. She would do the usual ofc, preparing her breakfast, dropping her off to school. I also try to split the chores cause I really want my daughter to see me as her mother. So sometimes, we would have dates like go on swimming, shopping etc. So far, she also calls me mom now. But sometimes she would still forget. I’m also 3 months pregnant as of this writing. My question is, will I have custody of my child? I really try to bond with her as much as possible but my mom would always get in the way. I try to feed my daughter healthy food, but she would always prepare processed food (ie instant noodles, hotdogs, bacon) cos she grew up like that. Until now, she doesn’t know how to eat on her own, would always eat half a cup of rice every meal—sometimes just chips for dinner because that’s what she grew up to like and because my mom would let her eat whatever she wants. Is there a possibility that I can leave home again and take her with me? My daughter is really into the idea since she will have a sibling. Please help.

    Reply
  403. Catherine

    hi po atty.
    paano naman po yung kaso ng sakin separate na po kami ng asawa ko 9months na po iniwan nya ko dahil mas pinili nya magulang nya namas boy po kasi nagyun di po sya makapag desisyon ng para sa sarili nya every time na magpaplano kami nangingialam yung family nya.Ngayun po mag aabroad ako iiwan ko sa mama ko yung anak ko na 5yrs old dito na po kasi samin lumako yun ,nag stop na po kasi sya ng sustento sa anak ko kaya po napilitan ako mag abroad ang plano po nila sa anak ko kukunin nila para doon itira sa kanila masakit po para sa akin yun ang sabi ko hiramin nalang nila wag lang kukuhanin pero ayaw pumayag ano po ba ang gagawin ko sa akin pa rin po ba ang anak ko?salamat

    Reply
  404. gleness

    hi atty i would like to inquire with regards to the grandparents of my children who requested to get my child and stay with them for days even if my Child’s father is influenced in drugs and lives nearby. Will i allow them to get my child? i just recently left my home brougth my 3 children due to physical and verbal abuse of my husband. its been just a week since i left the house and my father inlaw called yesterday to request for my middle child. will i allow this?

    Reply
  405. Jun

    My ex dont want me to see our daughter.
    I lost my job 4months ago so i was not able to provide now she sued me.

    Reply
  406. Yahya

    Dear Attorney,

    i woul dlike to have your advice on my situation, i am foreigner residing in UAE and i am married to a filipina and she was single mother before i get married to her.
    i have applied for my wife visa to be resident here in UAE, but i can not sponsor my step daughter as UAE govt requires documents as below details
    “The father or the child or the guardian must state in the letter that he does not have any objection to the son or daughter shifting to the UAE and being sponsored by their stepfather.
    If the father of the child is dead and the mother remarried, the grandparents or relatives of the child must give the no-objection letter in accordance with the law in their own country.
    All documents must be official, legal and approved from the concerned authorities.”

    but in my case in my ste daughter birthcertficate the father name is not stated just only mothers name.

    therefore they have requested me to have no objection form the philippines govt.

    accordingly please do advice from where i can get this documents.

    please need your help urgently.

    my step daughter is alone and no one is there to take care of here thats why i want to bring her here in UAE so i can take care of her and her mother is beside her.

    please please please help and advice me.

    tnx

    Reply
  407. cloe

    hello atty,

    So my unmarried brother has supported his 1-year-old son since the child was not born, giving her regular food, shelter and whatever needs to his son’s mother(his girlfriend) vitamins and everything. But he and his girlfriend broke up all out of a sudden, his girlfriend took his son away from him knowing she is unemployed/jobless leaving in a below average lifestyle. We live in the Philippines and my brother is a hard working seafarer that earns good and could sustain the best for his son. what can we possibly do for the child’s better future? is my brother has the right to take and support the child for his future?

    Reply
  408. Catherine

    Good day po attorney.
    Hihingi lang po sana ako ng tulong sa inyo anu po ba dapat ko gwin s asawa ko po nagpapabya na po s obligasyon nya s dlawa po nmin anak, nuon po 4 na beses po sya nagpupunta s bahay nmin para makita at magbigay ng suporta sa ank nya ngayon po isa beses nalang po s isang linggo kung magbigay ng suporta , attorney tulungan nyo po ako kung anu po dapt ko gawin wla po ako trbho ngayon, iniisip ko po mga anak ko pangangailangan nila di ko po maibigay.

    Reply
  409. mark

    I need some advise regarding my daughters custody. Naghiwalay po kami ng nanay nya 1 year ago. Kasal po kami. Dahil sa sobrang mahal ng annulment po sa pinas. Kaya hindi pa po maumpisahan ang pag file. Tanong ko lang po sana. dahil ako po ay isang OFW pinagbawalan po akong makausap ang aking anak kahit sa telepono. naglagay pa po ng once a month rule ang kanyang nanay at hindi po nya papakausap sakin kahit once a month kapag hindi daw po ako nakapag padala ng sustento. Inaamin ko po ako ang may kasalanan kung bakit kami naghiwalay. Pero humantong na nga po kami sa hiwalayan at ngayon po gusto ko malaman ang mga paraan para makasama ko ang anak ko at hindi mailipat sa kanya ang paghihirap at bigat ng nararamdaman. 5 taong gulang pa lamang po ang aking anak. Alam ko po ang pananakot na ginagawa ng nanay nya sakin kagaya ng kapag hindi ko pinadalhan ang bata idedemanda nya ako bilang legal nyang asawa. Ano po ba ang magandang advise na maibibigay nyo po sa akin. Salamat po in advance.

    Reply
  410. ray

    my fiancé aunt passed away left with 3 minor childs behind no where to go, there parents no where to be found. please advice what step we need to do get full custody of childs. thanks

    Reply
  411. Danlore

    Good day,
    Atty. Hihingi po sana ako ng advice both mother and father po nasa manila nagtratrabaho, both din po sumusuporta sa bata.. yung bata nasa lola mother side po, kaso ang problema yung bata hindi maalagaan ng maayos kasi po mag isa lang yung matanda PWD din po, hindi na makarinig kaya kahit umiyak magdamag ang bata hindi napapansin pumapayat na po yung anak ko. Yung tinitirhan din po hindi naman sa panglalait e kubo lang po which is as a father I think na mas makakabuti kung dun sila sa amin titira kaso ayaw po nila. May problema ang bata may asthma inuubo at sinisipon ngayon nagwowory po ako kasi malamig po ang kubo . Gusto ko po sana kunin ang bata para maalagaan ng maayos at mabigyan ng maayos na tirahan is it posible po ba na makuha ko ang custody kasi hindi naman mother nya ang nag aalaga ee. Sana po maliwanagan nyo ako sa problema ko.

    Reply
  412. Lionil

    hello po,

    Would like to ask kung anu pong pwedeng gawin may anak po ako 7 years old girl na nasa pangangalaga ng kanyang ina pero ndi ako bnugyan ng rights para ma acknowledge yung bata sa birth certificate all she want is magbigay ako ng suporta without seeing, without talking to my daughter khit thru phone lang.

    Meron po ba akong habol sa anak ko?

    Reply
  413. Anna

    Hi atty. ano po pwede kong gawin para mavisited ko anak ko na nasa puder ng fader nya? 7years old na po siya at until now pinagdadamutan sakin ung bata..

    Reply
  414. grace

    hi atty. may question po ako.may sis ako n may 4 n ansk sa unang asawa at ksal. sis ko po ay ofw sa dubai . ngppdala po sya ng pera sa asawa nung ngssama p sila ksond marunong ang asawang lalaki pro inom at pg aaddict lng.pinasa nya sa nanay ko ang responsibilidad kia nmatay nanay ko. d mn lng sya gumawa ng paraan pra ayusin mga anak nya puro barkada. after sometime ngkaroon ng bf ang sis ko at ngka anak sila. nawalan n k c sya ng gana sa asawa nya eh. nung nghiwalay sila nsa iisang barangay lng sila nktira pro d mn lng masustentuhan ng ama ung mga anak nya.ngaun ng paalam ung tatay n kukinin o hihiramin ung 12 y,o n babaeng anak pra umattnd ng ksal sa batangas. ayaw ng ina o ng sister ko kia ngalit ung tatay at mmsakit mga sinbi s kptid ko at isusumpa dw nya anak nya sa bf nya ngayon. kia nppyag n rin ung kptid ko n iphiram ung anak n babae sa ama. ng aalala lng po ako kc nga iresponsable sya png ama dalagita p nmam n amg pmngkin ko, at ngttka lng ako kc d mn lng nya amuhin unhpg isang anak nyang lalaki

    Reply
  415. Mitzi

    Special child po yung anak namin dahilan para hindi makapagtrabaho yung ina. Pano po ang custody kung maghihiwalay ang mag asawa? Dahil po ba walang trabaho and ina, sa ama na mapupunta and bata?

    Reply
  416. Marites

    Gud p’m atty, gusto ko po mag hinge ng advice sayo,sana matulunga. Mo ako.. May anak po ako 6 months old,hiwalay po kami ng tatay nya 2 months ago.. Nung nag usap kami ksama mga officials as a witness, gusto ko po sana sa poder ko ang anak ko.. Kasi ito ay maliit palang,at nag dissisyon po ako mag apply abroad para maka tulong ako sa parents ko pra sa gatas at kailanganin ng anak ko,at iwan ang anak ko sa nanay ko. At sinabi q anytime pwede syang dalawin ng tatay nya at tulugan sa bahay. Pero di po pumayag ang dating asawa ko at byanan.. Kasi bakit daw iwanan ko sa nanay ko ang bata may tatay naman ito… Gusto nila 15 days ang bata sa kanila 15 days din sa amin. Perro wala akung trust sa tatay nya kasi may bisyo ito. At sa byanan ko naman may dalawang apo syang alagaan. Kaya gusto q sana sa poder ng mga magulang ko ang anak ko, pero di po sila pumayag okey lang daw pag di ako aalis abroad. Tama po ba ang ginagawa nila atty? May right ba ako na kahit wala ako sa poder ng mga magulang ko ang anak ko at dalawin nlng nila ito? Plz i really need your help!.thank you..

    Reply
  417. Angela

    Hello Atty,

    My marriage was annulled ,as i found out I was a second wife, and that my husband was already married.However we have one child who is now 12 years old, and lives with my ex’s sister as my ex has 3 more children from another girl who he has since married.I also remarried a foreigner and we live between Philippines and Europe’s it possible for the court to award my son to me to live as he is not living with his father?
    The child is saying ,he wants to stay with the father, but I strongly believe this is to stop me filing a case for custody in the Court.

    Reply
  418. Cherry

    Hi po,
    Ask ko lng po , kasi ung brother nsa Australia ksama nya anak ung isa 17 yr old plang, pra po maging permaneny resident ung anak nya hinihingian po sila ng custody arrangement under 18 below such as court order..panu po ung process nito anu po dapat gwing ng wife nya na nandto sa philippines? Sino po mgfifile ung wife o ung brother ko..in good terms nman po sila.

    Reply
  419. mr. santos

    good evening po.. may anak po kmi ng asawa ko at nkipag hiwalay po skin gusto ko po sana ako mag alaga sa anak ko pag umalis papunta ng abroad ang asawa ko kaya lng po ang gusto nia sa mga magulang ng asawa ko iiwan ang bata .. at ngayon po wala po xa trabaho ng papadala po ako ng sustento sa anak ko.. 2 years old po anak ko

    Reply
  420. J Dimayuga

    Hi Atty.,
    I am 32 years old already, I was adopted when I was about a days old due to my biological parents condition, my biological parents gave me to my supposedly Auntie (her sister). My adoptive parents gave me everything I need from love, care, education and even material things although we are not that fortunate. They become more than a parents to me, my brothers never treat me I’m not their sister, after so many years, now that I am making good fortune and now settled in US, my biological mother wants me back and do all the harassment she can do to us, even treat us that she will put my adoptive mom to jail for falsification of public documents, which I think my birth certificate which I am registered legitimately. My mom ask them if I have birth certificate since I need to go to school to study, but they cannot provide so they get one for me and make it a late registration. What we can do to stop this harassment and move on with our lives.

    Reply
  421. Hope

    Good afternoon po attorney. Bago palang po kami nagpakasal ng asawa ko,alam ko na po na may anak siya sa kanyang teenage age. 2014 Po kami nagkakilala at 2017 po kami nagpapakasal. 2007,nabuntis niya ang kanyang classmate, nagsama sila ng 3 years,hindi sila pwedeng ikasal nuon sapagkat minor age pa po silang dalawa. 2010, nalaman at nakita ng asawa ko na may iba na ang ina ng kanyang anak. Nagdesisyon siya na hihiwalayan na niya at ang bata ay nasa kanya,3 years old pa po ang bata noon, ang pamilya po ng asawa ko ang sumusuporta sa bata. Ang kanyang kinakasama po ay pumunta nang manila,nag asawa at may anak na rin. 2010, po nagdesisyon po ang asawa ko na pumasok sa philippine army dahil hindi po siya nakapag tapos ng pag-aaral at yun lang ang opportunity para matustusan nya ang mga pangangailangan ng kanyang anak. Simula non, hinihiram naman ng lola at lolo (mother’s side) ang bata, pinapahiram naman po nila pero ni kahit piso po,wala sila binibigay na suporta sa pag-aaral sa bata. Ngayon po, 11 years old na ang bata,ayaw na niya pumunta sa mother’s side niya kasi nga daw po, sugarol ang lola niya at minsan maiiwan pa siyang mag-isa dun sa kanila.Kahit anong pilit namin na papuntahin ang bata doon,ayaw na niya talaga at maiiyak pa.Minsa pa nga daw maisip niya na lumayas doon at gusto umuwi sa bahay ng biyenan ko dahil hindi daw siya maaalagaan doon . Pinapaaral po namin sa Sevent Day Adventist school po ang bata, isang private school na masasabi po namin na mataas ang tuition fee,pinapadalhan ng pera,aside po non, binilhan namin ng 2 pampasaherong motor para pang dagdag sa kanyang pang araw-araw, masasabi po talaga namin na well provided po ang bata. Nasa mga magulang po ng asawa ko o biyenan ko po nakatira ang bata.Hindi po sa aming mag-asawa nakatira ang bata since, malayo po na assign ang asawa ko,at ako naman ay nag boarding house lamang dahil malayo din sa homeplace ako nag tatrabaho(HOspital po). Pero kung passes or RandR naman ng asawa ko, uuwi kami dun sa kanila.Sa kasalukuyan po, buntis ako sa first baby ko po. Ngayon, gusto ng lolo’t lola ng bata na ipa DPM asawa ko sa kadahilanang ayaw raw ipahiram ng biyenan ko sa kanila ang bata, . sa totoo nga po, pinipilit na talaga namin ang bata na pumunta doon sa kanila,kaso ayaw niya. Ang tanong ko po, may pananagutan ba ang asawa ko kung sakaling ipa DPM nila? wala po kasing bad record asawa ko sa unit nila, mabait po at masipag siya.Ayaw po namin na masisira at madudumihan ang record niya dahil lang sa kanilang reklamo.MARAMING SALAMAT PO.

    Reply
  422. Wemcy

    Good day! Atty. anong case po isa sampa Sa mother kinokuha nya ang sariling anak Nya Sa amin 8years na ang bata. Hindi siya nag paalam nang mahusay Sa amin bigla Lang nya kinuha, Hindi siya humarap Sa Amin nang maayos. At nag sisigaw mag pa barangay daw siya Dahil Hindi niya nakuha ang card record Sa school sa bata doon Sa kapatid ko.

    Reply
  423. Rosel

    Good day attorney!!

    This case about sa anak ng kapatid ko. Ganito po kasi yun, yong bata po 3yrs na nasa magulang ng lalaki, tapos yong ate ko nasa abroad, nag tatrabaho pang suporta sa kanyang anak, sa katagalan po nagkaroon ng ibang pamilya ang lalake, iniwan nong ama ang bata sa magulang niya, ngayon po nasa 7yrs old na ang bata at gusto tumira na sa amin nong bata dahil hindi daw siya naalagaan duon sa lola niya na nanay nong lalaki, tanong po pwedi ba namin makuha ang pag aalaga sa bata pansamantala habang nasa abroad ang Nanay? Kaso po yong magulang ng lalaki ayaw pumyag kasi sila daw nag papalaki nong bata kong tutuusin 3yrs lang po nasa kanila ang bata, pwedi po bang ipaalagaan ng nanay ng bata sa puder ng kanyang ina ang bata?

    Reply
  424. Heshe06

    Pwede ko po ba hindi ipakita mga anak ko sa ex husband ko.. i have a 10yrs. Old and 1yr old daughtrr ..hindi naman ako manghihingi ng support from him since i have a stable job…tyka hindi naman tlga siya nagabibigay sa akin kht na panggatas ng bata evrnthough he also has a job.. dahil sabi nya siya nagbabayad ng bahay nmin sa pag ibig… pero dun nmn siya nakatira.. and right now dto kmi nakatira sa side ngmother ko… gusto ko lang sana n wala na kming khit ano pang communication.. pra sa ikakatahimik ng bawat isa.. possible ko po ba matrquest yun kaht sa brgy. Lang muna.. and natatakotdin po ksi ako n baka saktan nya kami kungsakaling magkita pa ulet kami… pls help..

    Reply
  425. Emmaline

    Hello po Atty.,pls help me po w/ my concern.I need some advise.My eldest daughter na 12 yrs old is lumaki sa lola nya,but never ako nwala sa paningin ng bata.Share po kami sa gastusin.Ngkagulo kasi ngayon dahil gusto nila kontrolin ang bata na wag pumunta sa akin.Nasasaktan naman ako dahil gustong gusto ng bata na sa akin tumira.Ano po pwede gawin ko?Pati yung kapatid ko nangingialam na rin.

    Reply
  426. Anne

    Hiwalay na po kmi Ng husband ko almost 8 years..nagtrabaho po ako abroad and since Wala po ako SA mgulang nya ko iniwan ang mga Bata ages 14 12 10 pwede ko po ba clang mkuha sa poder Ng magulng Ng xhusband ko?

    Reply
  427. Mika

    Hello po ask ko lng po about sa joint custody nagpurmahan n po kme dati 2015 8 months po nasakanila na ang bata pinahiram ko po sknila dhil nung na saakin po ang bata ayaw nila ako help sa gatas and milk ng baby pag nsknila daw po bibigay nila needs hanggang sa dumating n po ung time n pahirapan n po ang pag hiram ko sa bata today 3 years old po ang anak ko hindi na po ba obligasyon ng tatay ng bata ang financial support? Nalilito po kc ako ?

    Reply
  428. markthespark

    Hello atty. Good eve. Newbie here. ask ko lng po. ano po ba ang right ko as a father of the child but 2mons.old plng po baby nmin but I want to leave my wife due to mental incapability. Mental incapability dahil since naging kami at naging magasawa always shouting and mad at me w/ no reason. Madalas ngwwild na hindi po maintindihan, i asked her n magpacheck up pero ayw. natatakot na ako sa anu mang pwedeng gawin nya sa baby namin so ngaun i decided to leave her na dahil siguro napagod nadin po ako. gusto ko dn sana kunin ang anak ko dahil auko mdanas ng anak ko ang nadanas ko sknya..even nadanas ko s family nya who also always have the culture of the bad habits. and ung culture na puro broken family andun at sinasabe nla sa baby n maghanap ng ibang daddy ang ina nya. pareho naman kmi my trabaho pero wala xang kusa na bilhan ng kht n anu man ang anak nmin, as in all expenses e sagot kopo. since ganun naman po na ako lahat ng expense at i think kht n my work ang nanay nya e d pa rn nya kaya tustusan pangangailangan ng anak nmin dhil sa dami nya utang. may habol po ba ako sa baby kopo atty?salamat

    Reply
  429. MAGDALENA

    Good evening po Atty!
    Yung ate ko unmarried at may anak pero namatay ang ako after 2 days sa pagka panganak. Hindi nakapirma ang ate ko sa birth certificate ng bata. Noong dumating dito sa Pinas ang ama galing Italy inaknowledge nya yung bata na anak nya. Ngayon may 5 months na pong hindi nagpapadala ng sustento para sa bata. Kung kayat ako na ang tuma tayong ina ng bata sapagkat ako na nagsusustento. Ang ama ng bata ay alcoholic at chain-smoker.

    Ang tanung ko po ay…

    May habol po ba kami para sa custody ng bata since hindi naman nagagampanan ng ama ng bata ang kanyang responsibilidad?

    Anu ano po ba ang dapat naming gawin?

    Maraming salamat po?

    Dylan

    Reply
  430. Maria

    Hi atty gd eve ..
    ano po ba dapat kung gawin atty gusto ko na po umalis sa bahay ng ama ng anak ko 3 mos old pa lng po baby ko ayaw nya po akong payagan umalis kasama ang baby hindi po kami kasal wala na rin po ako work at apelido Nya ang gamit ng baby ko..

    Need your advice atty.

    Reply
  431. Lei

    Hi, Atty.
    Ano po ang pwde kong gawin sa baby ko as her father.
    Yung ex-live-in partner ko kasi may bago nang bf at kung saan saan nila dinadala yung anak ko.
    wala po ba akong karapatan pra makuha yung bata dhil s 3y/o palang sya?
    gusto ko din makasama yung anak ko. baka ksi someday ibang tatay na kilalanin nya.
    PS: hindi po kami kasal.
    Thanks po.

    Reply
  432. Edren

    Hello po ang prob ko po Ay May anak me dalawa sa pinas at lage po nagkakasakit sa ina nila. D po kame kasal at matagal na kme naghiwalay almost a yrs napo. Gsto ko po makuha mga anak ko kasi lage nagkakasakit mga anak ko sa ina nila sa tondo baseco manila. Ano po kayang dpat magagawa ko para makuha Ko po dlawang anak ko. Salamat po.

    Reply
  433. Shine

    Gud afternoon po, ask q LNG po , UNG Tama qong gwin,, ofw po aq for 3yrs na nghiwalay kmi Ng tatay Ng MGA anak q 1yr ago n po, Hindi po kmi kasal, 8&5 yrs old MGA anak q, ngaun po SA abroad aq ulit, pero bago pa po aq umalis last year, nki page usap n po aq SA family Ng ex q n SA side q MGA bata pag pasukan na, pumayag cla pero dpo NLA tinupad, gusto q mkuha mga anak q anodapt q gwin, tnx po

    Reply
  434. Magdalena

    Good day po Atty. Gusto ko pong isangguni kung may laban po kami sa custody ng pamangkin ko. Anak sya ng ate ko namatay si ate 2 days after nya manganak sa Kanya. Hindi kasal si ate sa ama ng bata na isang foreigner. Na acknowledge po ng ama ang bata na anak nya sya ang nakapirma sa birth certificate ng bata pero si ate hindi nakapirma dahil di agad na asikaso ng hospital yung birtcertificate ng bata noong nabubuhay pa si ate.
    Ibinilin ni ate sa amin na ang bata ay huwag naming pababayaan dahil babalik uli pa si ate sa ibang bansa ngunit binawian naman ito ng buhay sa hospital.
    Nagpunta ang ama ng bata dito sa Pinas noong nakaburol na si ate.

    Nagpapadala naman ng sustento para sa bata noong una ngunit di katagalan pahirapan pa kung magpadala at hindi pa sapat sa pangangailangan ng bata. Sa tuwing sa sabihin ng kapatid ko na gatas ng bata at bakuna ay sasabihin lamang nyang next week hindi na ubos ang next week. Nasa 1 and 3 months na ngayon ang bata. At 7 monthsary ng hindi nagpapadala. Ngayon ay gusto na nyang kunin ang bata sa amin at inuutos nyang pagawan na namin ng passport para makuha na nya ito. Ipinadala na dito sa Pinas ang bago nyang girlfriend ni filipina na kukunin nga daw ng ama ang bata. Nagkaroon ng videoing na kinakausap ng ama ang bata at naninigirilyo pa ito. Gusto nila makuha ang bata dahil mayaman daw ang pamilya ng ama ng bata at maibibigay nya sa bata ang lahat ng pangangailangan nito. Maibibigay din namin ang pangangailangan ng bata hindi lang namin sila kasing yaman ngunit sa pagmamahal bilang kanyang kadugo kami ng Nanay ko mga kapatid nag aalaga sa bata at ako at ng aking asawa ang sumosuporta sa bata kahit hindi pa ito inaabandona nya ang bata.

    Napaka sakit sa part namin na kukunin nalang nya ang bata sa amin na ibinuwis ng ate ko ang kanyang buhay para sa bata na hindi naman ito naghirap. Kung kukunin nya bata parang kaming namatayan ng dalawang beses.

    Yung ama ay isang alcoholic, smoker, party goer at womanizer ito ay ayun din sa gf nya ngayon.

    Atty. may habol po ba kami sa custody ng pamangkin namin? Anu po ang dapat naming gawin? Maraming salamat po!

    Reply
  435. Dianne

    Im a mother of three kids but my husband and mother in law didn´t want to give my youngest child to me, were married for 9 years, I don´t know what to do, I have a stable job and he have a job too for almost a month only, my youngest child is only 4 years old, I want my three kids and i dont know how or what to do.

    Reply
  436. Peejay

    Sir magttanong lang po ung asawa ko nkkipaghiwalay na sakin marami kmi hindi nagkasunduin at nki alam ang pamilya nya.. ngyon maspinili nya makasama ang pamilya kaysa maayos po ung sarili nming pamilya..maari ko po bang gamitin pra mapapunta sakin ang bata 8yrs na po ang anak nmin? Salamat po

    Reply
  437. Nica

    Please help me, pinalayas ako sa bahay ng parents ko pero ayaw nila ipasama saken ang anak ko na 1 year old pa lang, paano ko po makukuha ang Baby ko ?

    Reply
  438. Corpuz

    Hi Attorney,

    Me and my ex are about to separate and we have a 10 year old son. My son wants to go with me but the mom said “she’ll file legal actions against me” if I take my son with me. I’m confident that I am fit to be a parent to my son. Do I have to be the one to prove that I am fit or is she the one to prove that I am not?

    Reply
  439. Peachy

    Good day Atty. Gusto ko lang po malaman kung paano po magkakaroon ng right ang isang lesbian sa anak ng dati nya kinakasama. Iniwan po kasi nung Nanay yun bata sa kanya mula nang 9 months old pa lang po ito. So lahat lahat po sya na nagalaga at lahat ng needs ng bata binigay na rin nya hanggan sa pagbibinyag sa bata hanggan nagschooling na ito 6 years old na yun bata ngayon year na ito. Pareho po silang magkasama sa trabaho. Ngayon po naghiwalay na sila kasi may iba na nakarelasyon un Nanay ng bata na leabian din po at nagkaroon ng issue sa workplace nila na involve yun friends nya. Ngayon nagtext sa kanya na kukuhanin na nya ang bata. Willing naman po syang ibigay ang bata right ng Mother yun ang gusto lang po nya sana magkaroon sya ng visting rights sa bata o kaya mahiram ito sa kanya pag may mga special occasion sa kanila.

    Reply
  440. Elina

    Atty nanalo po ako sa ibang bansa sa habeas corpus ng mga anak ko against vawc at child custody. After 6 months nkipgreconcile po ang asawa ko(filipino)
    sa buong family at relatives k po na hindi na mauulit ang pananakit nya sakin. Sa makatuwid pinatawad po namin siya at tinanggap ulit nmin sya pero Hindi aq pumayag na ipa annul yung habeas corpus . I entrusted my 3 kids ages 8,7 & 5 sa lolo at lola ng mga bata. After a couple of months ngumpisa nnmn po mging violente ang asawa ko nging threat npo skin ang pamilya nya na ipapapatay ako sa 5k na halaga kng kukunin ko mga anak ko. Ngayon ngkarescue po kmi last April 13 lng. Hindi nila binigay ang mga bata wala n daw po sa kanila Kaya ngsampa po ako ng kidnapping at vawc. Ng pass po ako ng mga medikolegal na binugbog ako pati na yung habeas corpus decision sa physcal. Ang sabi ng physcal possible Hindi nya ibigay ang mga anak ko. Galit pa po ung physcal. Ang sabi po ng counsel ko malaki chance na binayaran npo nila ang physcal. Kinausap po namin ang dswd at women’s desk na kakampi nmin na ganun ngyari. Never pa po dw ngyari ang ganyan kaso first time dw po sa physcal na mgdecide po ng ganyan. Child abuse po ang nirereklamo ng asawa ko na wala po silang ebidensha hanggang bibig lng po. Ano po dapat kong gawin? Npablack listed kna din po sila mganak sa ibang bansa. My sumusunod po skin na kahinahinalang lalaki kgbi na kinukuhanan po ako ng videos at pictures at ntatakot npo ako. Gusto kna pong mpakulong ang asawa at pamilya nya sa ginawa nila skin financially ako ang ngwork at ngpadala sa kanila po

    Reply
  441. jasminecesa

    Hi po atty. Ask ko lang po naghiwalay po yung kuya ko po at ang ex live in partner niya po last year dahil nag cheat po yung girl sa kuya ko po tapos po pagkahiwalay na po nila ni kuya iniwan po niya ang pamangkin ko po sa kuya ko po para pumunta sa ibang bansa after 6 months bumalik po cya at sinabi niya po sa kuya ko po na ipapasyal niya po yung pamangkin ko po pero lumipas po ang ilang araw di niya po binalik ang pamangkin ko po dahil nasa probinsya daw po cla at ngayon po nag sabi cya kay kuya na di niyana po ibabalik yung pamangkin ko po dahil custody niya daw po.. pero iniwan niya po yung pamangkin ko po sa nanay niya. Po dahil aalis siya at pupunta sa ibang bansa… ganyan din po ang ginawa niya sa isa niya pong anak iniwan niya rin po sa nanay niya. Noong bata papo yung pamangkin ko po yung kuya ko na po yung nagpalaki kasi po party girl po kasi cya. Katonayan nga po yung kuya po ang nag alaga ng pamangkin noong bata pa po ito…

    Reply
  442. Patrick

    Please att. , I am a belgian man living in Belgium, I have a son with my girlfriend were I have a relation with in the past, our son is now 3 years old and under my surename, but living in Guimaras with my ex-girlfriend.
    She don’t allow me to see the child even on webcam and use the child as a weapon against me, I want to support him but I need at least be possible to see him in real (once a year at least) and sometimes in webcam (skype) . I save money for him in my country even she don’t allow to support him in Guimaras, maybe the new boyfriend is jealous that I will see her too, she don’t work and she is an alcoholic too. What can I do…. Do I have the Philippine law with me to visit him or show him on webcam… or must I accept it with pain in my heart because I miss and love him so much…. Can you please help me with an answer,

    thanks in advance,
    Patrick Van Ostaeyen

    Reply
  443. Nene

    Hello attorny,
    My son has lived-in partner and got 5 year old son. After six years we found out that the girl was married to her first boyfriend before she met my son. The problem is this certain girl never talk to my son about her past. This time she is living with her husband. Please advice us how can my son get the full custody of my grandson.

    Thank you
    Godbless

    Reply
  444. bea

    can i send an email s inyo para private ung tanong q..baka po kasi maka cause p ng sobrang problema kungbi post q ung question q dito..tnx po..sana po makuha q ang e mail nio..so i can send my question po.
    tnx

    Reply
  445. Ana Marie

    Good Day Po Atty.

    Hihingi sana ako ng advise regarding po sa application for Sole Custody Certificate ng anak ko. I was married for 5 years and got separated from my husband without a child and after two years without communication from my husband, i had been into a serious relationship and was blessed with a daughter. Mayroon napo kaming plan ng current partner ko at that time na i process yung annulment ko with my husband.However, 4 months po before sa schedule ng pangagnganak ko I found out na may ibang girl friend yung current partner ko and I decided na tapusin yung relationship ko sa kanya. Subsequently, hindi ko dn pina specify yung father’s name sa Birth Certificate ng anak ko.

    OFW po ako and Im currently residing in Dubai, Im planning to get my daughter on mother’s visa po and one of the requirement is to acquire the Sole Custody Certificate from DSWD, since andito po ako, I need your advise kung pano ko po i pa process yung certificate from here. Hope matulungan nyo po ako.

    Sincerely,
    Ana Marie

    Reply
  446. Fatima

    Good day po Atty.
    Please help me,I have 2 daughter eldest is 7 yrs.old and the youngest 5 yrs.old.But I’m not married with my ex lived in partner,and my daughter’s used username of my ex-LIP.Now,He said he will get my 2 daughter if I wont agree to get back my relationship to him..
    I need your advice,please!!!
    Thank you!!

    Reply
  447. Lisa

    Can i file a custody case against the mother of my nephews? The mother dont have work so as her parents. And it seems that she cant take good care of them because we always see the kids playing beside the street without their mother. And if ever were going to get the.kids so that we can spend time with them the mother will not allow them. My brother who happend to be the father of the kids passed away. The eldest is 7 years old second is 4 years old and the youngest is 1. Since birth of the kids were the one helping my brother support them financially not just financially but also help them taking good care of the kids.

    Reply
  448. Fatima

    hello atty,
    i ask ko lang po about s pamangkin ko, anak po ng bunso nmin kapatid. Sinasaktan nya po ung anak nia at balak ko po sanang kunin sa knya ang bata at pa dswd para mawalan n po sya ng karapatan s bata, kasi sobra po ginagawa s bata ee. Dto po ako nkatira sa ibang bansa ang tanong ko lang po gaano katagal iprocess yung pagiging legal guardian ko na kahit umalis kami ng pilipinas is wala na karapatan ang nanay nia at ano po ba mga kailangan ko gawin/steps for legal custody.
    Thanks in advance!

    Reply
    1. Atty.Fred Post author

      Hi! The article provides enough general information to start with your search for answers. Unfortunately, we cannot give any legal advice in this Forum.

  449. Jean velano

    Hello
    Tanong ko lang po kung saan po ba pede mapunta ang mga pamangkin ko? Nasa abroad po both parents nya, hiwalay na po sila kasi nag ka 3rd party ung babae, kapatid ko po ung lalaki. Ngaun po humihingi ng sustento ung girl pero nasa abroad po sya, nasa pangangalaga po ng nanay nya ang mga pamangkin ko. Nasa pangangalaga po dati ng magulang ko ung mga bata nuon,malilinis, malulusog at nag aaral, pero nung umuwi at nag bakasyon ung nanay nila,sinabi po na hihiramin lang ng ilang lingo para makasama,pinag paalam po sa skul nila. Pero nung araw na po na sabi na ibabalik pamangkin ko hndi na po nya binalik. Bumalik na po sa ibang bansa ung girl, iniwan nya po ang mga pamangkin ko sa nanay nya en sa kapatid nya na abnormal, ngaun po napakadungis at pumayat na mga pamangkin ko, hndi po maxado naalagaan ng lola nila, kasi may mga apo padin sya sa isang anak nya na inaalagan dahil hiwalay din ito sa asawa. Gusto po sana hiramin ng mader ko ung apo nya dun at papakainin lang sana,sabik na nag paalam mga bata sa lola nila, kaso hndi na po bumalik mga pamangkin ko, umiiyak na po sila sa haus nila at hndi daw po sila pinayagan ng nany nila.
    Tanong ko lang po pwede po ba mag file ang parents ko para sa costudy ng mga apo nya…

    Reply
    1. Atty.Fred Post author

      Hello. Please read the article again. You might have missed the portions that might help you. Please remember, however, that no legal advice is given in this Forum.

  450. Van

    Hi Atty,
    I have problem with my brother in law the husband of my sister just passed away 5 months ago. Since my sister died his behavior was changed alot. My sister 3 siblings lived with him but the reason I am here to your blog is because my brother in law won’t let us see the kids. And even if he always passing by my parents house , he never think to stopped by just to say HI. So we dont know what is going on.

    Can we get my sister siblings and stay with us even the father still alive? I don’t know how to process step by step. Also they married twices at the civil and church.. or just ignore him and just wait if he brings the kids at my parents house.

    Please give us an advice??
    Thank you

    Van,

    Reply
    1. Atty.Fred Post author

      Hi Van, no legal advice is dispensed in this forum. By way of general information, however, I think the article is clear on the general rule and the possible exceptions. Whether there are enough facts to justify the removal of custody is a matter that should be discussed with your lawyer. In our experience, we usually suggest a dialogue among the parties concerned because any legal move is sometimes counter-productive, and should be taken only as a last resort. It’s all about the best interest of the children.

  451. George

    I am considering starting a relationship with a Filipina who has a 2-year-old child. I would be fine with supporting a child, but would not want to legally adopt, because I would not want to be “on the hook” for many years of child support for a child that isn’t even mine, if she decided to divorce me later. I’ve been searching for info but can’t seem to find any for this specifically. Should I say, in so many words, “Sorry, I can’t even start this, because of the risk to me financially.” Or are my fears unfounded? Thanks for your help.

    Reply
  452. Mary

    Good day ! Atty. Do we have a right to claim a custody to my Sister’s daughter’s custody even if she is 10 months? Because this case for my sister is her ex-husband wanted to claim the child Kahit po 10 months palang ang niece ko may karapatan po bang Kunin ng ex-husband ng sister ko ang Anak niya? Kasi po gagawa po ng kalokohan ang ex-husband ng sister ko para lang po makuha niya ang bata.. Ano po ba ang dapat gawin ng kapatid ko. I am waiting for your advice. Thank you.

    Reply
  453. Kwin

    Hello poh.. asl lng pos sa custody nang anak ko single poh ako 26 yrs old I have 4 yrs old son.. Wala poh akong work gusto nang tatay nang anak ko kunin nya kasi daw sya yung my trabaho ako poh wala.. parents and sibling sumusuporta sakin finance sa anak ko.. nag aaral yung anak ko d nya po sinisuntentohan yung anak namin kung na sakin custody nang bata. Ang gusto nya Lang dun lng sa kanila.. panu po yan my right din ba sya kunin sakin kahit 4yrs palang?

    Reply
  454. Febzzzzz

    Hi po atty.
    May anak po ako turning 4 na po sya sa may, simula po nong ipinagbuntis ko sya hanggang sa naipanganak ko sya walang support galing sa tatay nya, kaya ginawa ko iniwan ko po sya sa tatay nya para maalagaan sya at para maka pag trabaho po ako . Ngayon gusto ko na po syang kunin sa tatay nya ngayon nalaman ko po na wala sa kanila Yong anak ko pinaalagaan nya po sa ibang tao.. ask ko po paano po namin makukuha Yong bata, binantaan po ako na hindi ko daw makukuha Yong anak ko sa kanila..

    Reply
  455. Rolando

    Hi Attorney,

    Ako po isang OFW 8yrs na may anak ako naiwan sa pinas from 2010 pag alis ko hinde ako nagkulang sa responsibilidad ko, hinde naman kami kasal ng nanay na anak ko 2013 naghiwalay kami kasi nagkaron na sya ng ibang pamilya alam ko wala ako habol dun kasi hinde naman kami kasal pero kahit na ganun ang ngyari yung suporta ko sa anak ko patuloy parin at yung bata ay iniwan sa lola nya ng ilang taon nanay narin nya nagpalaki sa anak ko, 9yrs old na yung bata ang gusto ko sana mangyari ay pag sakali na makabuo na ako ng sariling pamilya ay makuha ko ang custody ng bata since lagpas narin sa year period below 7,? at kung sakali man hinde pumabor sa akin ang batas sana mgkaron ng takda kung magkano talaga ang dapat ko i suporta sa bata. SALAMAT po

    Reply
  456. aljen

    hello po. May anak ko po sa dati ko kinakasama at binigay ko po lahat ng suportang financial na kaya ko sa bata kahit alam kong hindi malaki. kagagaling ko lng po ng ibang bansa ngunit di po ako nakaipon dahil di naging maayos sweldohan namin sa company na napasukan ko. tinulungan po ako ng girlfriend ko na magbukas ng maliit na tindahan sa bahay. Ngayon po… nagdedemand na ang nanay ng anak ko ng pera. willing naman po ako magbigay ng kakayanin ko. dalawang buwan palang po tindahan ko. nagkasundo kami sa baranggay na magbigay ako P500 kada linggo at saakin ang bata tuwing weekend pero ihahatid ko linggo ng gabi. Kahapon, sinabi ko sa nanay ng anak ko na lunes ng umaga ko nalang cya ihatid bago kasi alas dose ng tanghali pa pasok ng bata para makumpleto ko rin pang allowance nya. ayaw pumayag ng nanay at sinasabing di na ako tumutupad sa usapan.Ang sinasabi ko lng naman lunes ng umaga ko ihatid para kahit ipangutang ko na yun kulang sa 500. kaya sabi ko… “sige doblehin ko nalang sa susunod na linggo ang ibibigay ko. kasi nakasulat din sa kasunduan yun na pag di ko kaya ngayon, dobke sa susunod” ngayon ang gusto nya… magpunta ulit kami sa baranggay para palitan kasunduan. di na daw nya kukunin 500pesos kada linggo pero wag ko na din daw kukunin anak ko. di ko po pinababayaan ang bata pag nandito. Ano po ang gagawin ko. Ano po ba ang karapatan ko sa bata? at ano pwede gawin sa sitwasyon?SANA MATULUNGAN NYO PO AKO AGAD. Igagapang ko po pambayad ng abugado kung paabutin nila sa ganun. sainyo po ako lalapit. Pwede po tayo mag usap through email kung mas makalilinaw po. whatever works po. I BADLY NEED A HELP! thank you!

    Reply
  457. Maribel

    Good afternoon po attorney ako po Maribel gsto ko lang po humingi ng advice kung pano po ang gagawin ko may anak po ako 4 yrs old at kasalukuyang NASA parents ko po sya ngayun dhil naiwan ko po sya sa manila ng 2 yrs po dhil ndin po sa pkiusap ng parents ko na iwan ko muna yung bata sa kanila dhil nagkaroon po ako ng pangalawang Asawa at anak dto sa laguna ,nagkataon po na namatay ang anak ko sa pangalawang Asawa ko po tanggap naman po nya ang unang anak ko at gusto nmin sana makuha ang anak ko sa pamilya ko…may paraan po b na mkuha ko ang anak ko sa parents ko kahit na sila young nagtustos ng pangangailangan ng bata sa loob ng dalawang taon.salamat po

    Reply
  458. Richoy

    Hello, tanong lang Po ako, kung pwede ba ma dala ang apelyedo ko sa magiging anak namin ng live in partner ko kahit di kami kasal at di aq makaka uwi sa pag anak nya? nasa malayo kasi aq nandito aq sa abroad.. Please help me… Thank you…

    Reply
  459. Rej

    Good day Atty. may 4 na anak po ako..2 sa unang asawa(kasal) at 2 sa pangalawa (hindi kasal)..4 na taon n po kme nagsasama ng pangalawa ko kasama ang 2 ko anak sa una..hanggang sa nagkasakit ang isa kong anak sa una meron po syang (MDD) Major depressive disorder pero ayon nman po s kanyang doktor ay hindi nman po sya mananakit ng iba dahil sarili nya po ang gusto nya lng saktan..ngunit ayaw na po kme pabalikin sa bahay ng pangalawa ko at magulang nya at ayaw na rin po nila ibigay ang dalawa ko pang anak dahil ayaw nila ipasama sa anak kong maysakit at baka daw saktan..ano po ang laban ko para makuha ko ang mga anak ko sa pangalawa edad po nila ay 3 at 4yrs old.maraming salamat po.

    Reply
  460. Johnny

    Hello,

    My ex and I agreed to separate. It has been more than a year since January 2018 that we have mutually agreed to separate. My ex has filed for annulment via Public Attorney’s Office. However, the annulment case has not gone to court due to financial constraints. Only an initial consultation between me and my ex was brought on by the Makati PAO.

    We both still live in the same residence. The residence is a 3-storey condo type home. My ex and daughter lives on the 3rd floor. I have moved out of the 3rd floor unit as early as March 2018 and moved to the 2nd floor unit.

    I found out that my wife WILL BE secretly moving out my daughter. Moreover, I found out from my daughter (and have recorded the conversation) that they will live with this man and this man’s daughter. My wife has seem to be integrating or immersing my daughter to this man’s life since December 2018. There were a number of times that they have went out. My wife does not disclose and lied as to who will be my daughter in contact with and that this man will be in the presence of my daughter.

    What recourse do I have to prevent them from moving given that my ex is being secretive about it? Will Art 211 of the Family Code work on this scenario?

    Reply
  461. Limuel

    My partner left me a few days after ko umalis ng pinas. We have a daughter now 5 months. A few days after leaving me, may boyfriend na siya. Aftee around a month, i came home sa inuupahan naming bahay to surprise her pero ako yung nasurprise na nasa kwarto siya kasama yung lalake with my daughter. Naka lock pa pinto at patay ilaw. Ngayon nandun na sila sa parents niya. Ayaw ng parents niya na magkaron siya ng bagong relationship dahil hindi naaalagaan ng maayos yung anak namin. Sila pa mismo nagmemessage sakin na hindi nga nagagampanan ng maayos yung pagiging nanay niya at anak dahil nga dun sa lalake. May karapatan ba ko na makuha ko anak ko? Pano po gagawin ko na ngayon nasa barko na ulit ako?

    Reply
  462. Kellie

    Hi atty,

    i Just want to know what are the process and procedures on stepfather adopting illegitimate child (my child) who was acknowledged by his biological father. my ex and me was never married. i’m married now to the step father of the child but my child is still names after his biological father. i want to know if my husband now can adopt him and change his surname to his without the fathers consent. plus, biological father was never there for the child. he’s has Intemperament issues as well. we’re Filipino citizens residing in Dubai.

    please help.

    thank you

    Reply
  463. MARILOU

    I need an advice for my brother he is a legal father and also he is the one who supporting there family he have there own house but his gf take away the baby and staying with her parents and she don’t even have a job to support the baby and just relaying to her parents. Is my brother have the right to take the baby with him ???

    Reply
  464. Floricel

    Good morning po!
    Pls advise me po. Ask q lng po kung ang ina po ba ay may kinakasama ng ibang lalake, pero ang tunay na asawa nia ay wla nman, maari po bang isama nia ang knyang mga anak na edad 16 at 9 parehong babae na mamuhay kasama ung kinakasama nia sa kasalukuyan? Gusto po ng tunay na ama ng mga bata na mapunta sa knya ang mga anak dahil na rin sa pag aalala na mapahamak ang knyang mga anak sa kinakasama ng ina nila. May karapatan po ba ang kanilang ama pra sa costudy? Salamat po, gbu!

    Reply
  465. Pete D.

    Atty, magandang araw po.
    Sana matulungan nyo po ako. I have a live in partner for almost 7 years at meron kaming anak na babaye. We seperated kasi she cheated on me twice sa magka ibang lalake. My daughter was a witness sa kung anu ang ginawa nya. My daughter at that time was turning 7 years old at pinili nya ako over sa mama nya. And now she is turning 8 this year. Ang pinangangambahan ko is. Baka maghabol yung ex ko sa anak ko. Which I am afraid that it’ll happen. At ayaw talaga ng daughter ko sumama sa mama nya. She was traumatized kasi about sa nangyari. During those times kasi na nagloko ex ko yung anak q nagsuffer. Hindi nya man lang mahatid sa school at kailangan ko pang pilitin para lang mahatid yung anak namin. At d nya pa nahatiran ng panglunch yung anak namin.

    At ngaun kasal na cya sa iba at me anak na rin. Me chansa po ba na sa akin nalang yung full custody ng daughter ko?

    Reply
  466. Arvi

    Atty. Magandang araw po. hinge po sana aku ng advice sa custody po ng anak ku, bale po since birth po aku na ung nag aalaga sa anak until 2yrs old po sya that time po share kami ng ex live in partner ku sa mga gastosin and that time din po nag hahanap p aku ng work exactly 2yrs old na anak ku nung nakabalik aku sa abroad naiuwi ku po ung anak ku sa province kc wala po mag aalaga sa side ng ex live in partner ku and nung mga 2mos. p lng po aku sa work na diagnose po sa ASD or Autism sprectrum disorder ung anak ku since then po aku na lahat na gastos mga therapy lahat2x po and by that time na nasa province na anak ku ni singko po di nagbibigay ung ex ku up until na 4yrs old na ang bata. as a father po ng anak ku anu po b pwede ku gawin atty. na para mag stay nlng po sa akin anak ku. should i wait mag 7yrs old ang bata as per our law is concern and file po ng case para sa custody.

    Reply
  467. Tomoyuki

    good day atty..

    tanong ko lang po sana kung malakas ba chance ko na mkuha custody ng anak ko..lalaki po ako hindi kami kasal ng ex live-in-partner ko at parehas na kami may sariling pamilya. ang akin lang babae po kase ang anak ko at may asawa na syang lalaki(kasal po sila) nakatira sila sa lugar na kilalang maraming drug addict at di maganda enviroment dun.. tpos wla po siyang trabaho pero ang asawa nya meron.. meron din naman po akong trabaho at may tindahan din po kami ng kinakasama ko ngayon..mag 7 years old na p ang anak ko this coming july 11, at tinutulungan din po kami ng family ko financially yun lang po.. maraming salamat po atty..

    yuki

    Reply
  468. Mailyn

    Atty pls help me po gusto ko ng umuwing pilipinas.. Papadalhan po ako ng pamilya ko ng ticket may kinakasama ako dito sa portugal pero di kami kasal meron po kaming anak 1year old . German passport po ang anak ko same kami ng ginagamit na apelyedo sa passport pero fil passport holder ako. Sa pinas po ako nanganak . Pwede ko po bang itravel ang anak ko pauwi samin sa pinas? Di namn po asawa ko nagastos samin. Pamilya ko rin po nagpapadala sakin sana po matulungan nyo ako. Maraming salamat.

    Reply
  469. Sienna

    Magandang araw po. Ako po si alex, may anak po ako na 3yrs old at buntis po ako ngayon ng 6months. Dati po kasi may nakafling ako na lalaki pero hindi pa po ako nun buntis. at isang beses po na nagkita kami pero never po may ngyari, umabot po ang relationship namin ng 3months. pero nung nahuli po ako ng asawa ko na kakontakan ko yung boy, itinigil ko po agad. Ngayon po ang asawa ko naman po ang nagloko at pinabayaan kami ng 2months na wala sya niha-niho. Kahit po mga panggastos sa panganay namin at sa pinagbubuntis ko pinabayaan nya po. Ngayon po ay binahay nya na yung kabit nya at sabi po nila na buntis daw po yung kabit ng asawa ko. Ngayon po ay nilalaban ko ppo sa barangay yung sustento na dapat sa mga anak ko at yung naiutang ko po sa kapitbhay namin na pera nung panahon na inabanduna nya na kami. Sa ngayon po tinatakot nila ako na ilalaban daw po nya custody sa panganay namin. Hindi ko po kasi pinapakita sa asawa ko yung anak ko kasi po ayoko na i-expose nya yung anak ko sa kabit nya. Hindi ko naman po pinagdadamot sa mga byenan ko ang anak ko. Tanong ko po kung may laban po ba sya sa custody? O malalaban ko po ba yung 2months na naiutang ko para mapunan yung pag aabanduna nya samin. Sana po matulungan nyo ko, at any opinion po kung magkano dapat ko hingiin na sustento para sa 3yrs old ko na anak at sa pinagbubuntis ko.

    Reply
  470. Lorejea dacuya

    Hello po attorney mai gusto lang po akong itanonh or hingi ako Ng advice.ano po ba ang dapat kung gawin upang mabawi ang aking anak sa tatay na nasa kanya ang full cutstoy o sole custody ng aking anak ,dahilan na wala akong trabaho kaya iginawad ng courty ang full custody ng anak ko sa tatay, at ngaun po ay pinapahirapan nya po ako at ipinagdadamot nya anak ko sa akin at ginagamit nya ang anak ko para makuha lahat ng gusto nya dahil alm nya po ang anak ko ang kahinaan ko as a mother,!

    Reply
  471. Joyce

    Hi po good day gusto ko lang po sana mag ask ng advice kasi po hiwalay po ako sa ex husband ko and regarding sa custody ng mga anak ko we signed an agreement sa barangay but now gusto ko ng mabawi ang mga anak ko dahil nagkakasakit sila madalas and gusto ko ako ang mag alaga sa kanila. May chance po ba na mabawi ko ang anak ko kahit po may iba na akong kinakasama ngayon? Thanks po

    Reply
  472. famela

    Hi atty. Paano po kumuha ng full custody?
    Hindi po nakalagay ang tatay ng anak ko sa birth certificate nya. Ngayon po kasal na ko sa isang danish at iaaply ko na po sya ng visa dito sa bansa ng asawa ko para magkasama na kmi. Kaso kailangan ko pong iprove na ako lang may full custody sa kanya. Paano po kayo at saan ako makakakuha nun? Nandito pa rin ako sa bansa nya. Maaari po bang isa sa magulang ko ang kumuha nito? Maraming salamat po.

    -Famela

    Reply
  473. SHAINE

    Dear Atty,
    Magandang hapon po, ako po si shaine ofw sa UAE. Meron po akong anak sa pinas 11yrs old na po, nasa pangangalaga po ng lola nia sa father side. Hindi po kami kasal ng tatay ng anak ko at may kanya kanya na rin po kaming pamilya. They are the one who took care of my child since he was 1 yrs old and 2 months ( due to circumtances )until now but im giving financial support since then, Now po gusto ko na po kunin ung anak ko but im pretty sure hindi ako ang pipiliin nia dahil hindi naman ako ung nakagisnan nia. And a typical child reaction. May laban po ba ako atty. kung iakyat ko ang kaso sa korte? I never abondoned my child since they took over the care of my child , we have communication and i always make sure that every birthday of my im always present. GUSTO KO NA PO MAKUHA UNG ANAK KO PO.

    PLEASE ADVISE ATTY. YOUR REPLY IS VERY MUCH APPRECIATED.

    Reply
  474. Chealsey

    Hi Atty,
    Meron po akong kapatid na lalaki, they are not in good terms ng kinakasama nya. Meron po silang dalawang anak na lalaki edad 14 at 13. Di po maganda ung pgsasama nila laging ng aaway, ung kapatid ko po ay ngwowork sa ibang lugar tpos ung mga bata kasama ng nanay nila. Minsan po d makasundo ng mga bata ung nanay nila kasi may ugali din, minsan nanakit at sinisiraan kming pamilya ng tatay nila. Alam po ng mga bata kung gaano namin sila kamahal at mas gusto nila makasama kmi kesa dun sa nanay nila. Ngayon po, pinalayas ng ina ung bata ung panganay, hinanapan po namin sya ng matuluyan. Ask ko lang po atty, kasi ung bata willing sumama sa tatay, indi pinili ung nanay nya. May karapatan ba syang mamaili na? Kasi nung mailapit namin sa isang judge, bakit sinabi nung judge na walang habol ung kapatid ko, tapos nung ngsalita ung kapaid ko na ‘pinalayas ng nanay nya’ ang sagot eh, mahaba dw ung proceso na igugol… Sa pgkakalam ko po talaga below 7 yrs old sa mother ung custody, ung pamangkin ko po ay 14 yrs old na. Pls Help

    Reply
  475. Summer

    Good day atty
    Paano po ba ang gagawin ko sa court decision na ang custody ng anak ko ay nasa ex ko. Annuled na po kami at phsychologically incapacitated ako which is yon ang reason kung bakit nawala sa akin ang custody. Pero kahit ganun ang desisyon ng korte patuloy pa rin ang magandang relasyon namin ng anak ko at ako po ang sumusuporta sa kanya financially mula noon hanggang sa kasalukuyan.
    Ngayon po nakatira na po ako sa ibang bansa at gusto ng anak ko sumama sa akin at pumapayag naman ang ama nya kasi may ibang pamilya na rin ito.
    Pwede po ba akong mag apela sa korte para sa joint custody kahit na 6 years na ang nakalipas ng magdesison ang korte? Gaano po katagal ang aabutin kung mag apela ko? Sana po mapayuhan nyo po ako.
    Salamat po

    Reply
  476. Anne

    Hello po Atty,

    23 years old na po ako at mayroon po akong younger sister na 4 years old. Gusto ko po sana syang tumira sa akin dito sa ibang bansa at ako ang maging legal guardian nya. Wala na po kaming ina at ang papa na lang po namin ang nag-aalaga sa kanya. Ako rin po ang sumusuporta sa papa ko financially. Gusto rin po ng papa ko na ako ang mag aalaga sa kapatid ko para magkaroon ng magandang buhay. Kaso kaylangan ko pong amponin legally ang kapatid ko para madala ko sya dito sa ibang bansa. Hindi ko po kasi madala ang kapatid ko dito kung hindi legally adopted. Kaya kaylangan ko syang amponin legally.

    Ano po ba ang proseso ng pag ampon ng nakababatang kapatid? papayag po ang papa ko na magbigay sya ng written consent. Gaano po katagal ang proseso?
    Salamat po.

    Reply
  477. marby

    Good day! Atty.
    Pinsan ko po ay lalaki myroon siyang live-in partner at tatlong anak pero lumayas po ang babaye at sumama po sa iba at nasa kanya ang mga bata. Ages po ng bata 7 years old, 6 years old at 4 years old. Can we file for legal custody? how long it’s take po matapos. Or any other options po.
    Middle of May 2019 po lumayas ang babaye. Thank you! po!

    Reply
  478. Yvette

    Hi po attorney,
    Tulungan nyo po ako, Andito ako ngaun sa Australia kasama ko po ung dalawang anak ko.tapos nag apply mo kami ng permanent resident dito ngaun, Kaso po hinihingan po ako ng “family court order of custody documents “. Hnd ko pO Alam Kong ano ibig sabihan nya. Wala pong fathers name ung mga birthday certificate nang mga anak ko.pls. Tulungan nyo po kami.

    Reply
  479. Babyann

    Hello po attorney,, gusto ko pong kunin ang mga anak ko na andoon sa ka live in partner ko Dati,, tatlo sila puro babae,, pwde ko ba silang makuha kahit naiwan ko sila ng ilang taon mga 5years ko silang iniwan,, tapos ngayon gusto ko na silang kunin pero ayaw ibigay ang mga bata sa akin,, hindi kami kasal attorney,, nagpunta ako sa mswd sa ka nila pero hindi sila settle sa amin dalawa parang ang lalaki ang kinakampihan nila hindi nila ako binigay ng karapatan kahit ma bonding lang ang mga anak gusto nila kasama yong mga ama ng bata kung i bonding ko pero hindi ako pamayag, may pag asa ba ako attorney na makuha ko ang mga anak ko kasi naawa ako sa mga anak ko kasi maliit na bahay lang ang tinitirhan nila trapal lang ang bobong tapos hindi maayos ang kalagayan nila hindi makakain ng Sakto at hindi makapag aral ng maayos ang panganay ko kasi sumasama siya magtinda ng gulay sa palengke sa isang linggo dalawang beses lang pumapasok,, pls,, attorney bigyan mo ako ng advice kung ano ang dapat Kong gawin,, ayaw Kong lumapit sa mswd sa ka nila kasi wala namang mangyari,, salamat,,
    Sender baby Ann Redoble

    Reply
  480. Julie

    Good evening po.
    Gusto ko lang po magtanong kung if ever po na kunin ko yung 2 anak ko sa kalive in o ay makukuha ko po ba?
    Yung panganay po nmin ay 11 years old na at ang pangalawa nmin ay 9 years. Ang bunso nmin 2 years old..ang bunso po nmin andito po sa akin pero yung dalawa po asa side nila kasi po nag aaral at nagtatrabaho po ako dito dati sa masbate.
    Nagtatrabaho po ako dati kaso po umalis po ako nung malaman ko na may syota xa na taga doon sa kanila. Di na po kasi ako nakakafocus sa work kaya umalis ako at kinuha ko din po yung 2 years old na anak nmin. Gusto ko na po makipag hiwalay sa kanya kasi po nalaman ko din po na simula pa ng isa palang anak nmin ay may naging karelasyon na xa sa kanila..ngayon ko lang po nalaman lahat kasi inamin nia din po sa akin. Ngayon po ay nag aapply ako para makapag trabaho ulit.. Kukunin ko po yun dalawang anak ko sa bakasyon..Di po kmi kasal kaso po nung nag aaral ako at nagtrabaho xa nag alaga sa mga anak namin..iniisip ko po na makukuha ko po ba mga anak ko na above 7years old na? Lalo na kung ang daddy nila ang piliin nila.
    Nakikitira po kmi sa parents ng kalive in ko.. Wala pong trabaho ang kalive ko kaya po nagdecide ako na magtrabaho..Umaasa lang po xa sa mga magulang nia kasi po retired police tatay nia at school clerk nanay nia.
    Ang alam ng mga anak nmin ok kmi kasi po di kmi nag away hanggang sa may nagsumbong sakin na may karelasyon ang kalive in ko.

    Reply
  481. archie

    hi attorney,

    ask q lang po kung may laban po ba ko sa child custody ng anak q below 7 years old po sya ako po ung tatay nya. ung nanay nya po laging ng susugal minsan po sinasama pa po nga ung anak nga sa pinaglalaruan nya. di lang po tongits at sakala ang nilalaro nya nagkabaon baon po kami sa utang dahil sa ganyang gawi nya. pinapabayaan nga lang po ang bata na maglaro at may ibang taong tumingin pra lang po makalaro sya. may laban po ba ko na makuha ang full custody ng bata sa mga sitwasyon na ganito.

    Reply
  482. Manelyn cadelina

    Hi atty ask ko lang po 4yrs na kami hiwalay ng asawa ko tapos ngyon po namatay cia may 27 2020. Ang kapatid nya po gustong kunin anak ko yung anak ko po 9 yrs old napo… saan po ba dapat mapunta anak ko po sa knila o sa akin na nanay nia at ngayon po may kinaksama po ako pero wla po kaming anak

    Reply
  483. Mark L.

    Good day po!

    Nais ko lamang po humingi ng legal advice tungkol sa custody ng anak ko. Hindi po kami kasal ng mother nya at naghiwalay kami last year dahil kumabit sya. Yung anak po namin ay nsa province nila at family ng mother nya ang nag aalaga. Alam ko po ang batas about sa child custody, pero ang case po kasi ay hindi po kasama nung anak ko ung mother nya. Kasi po yung mother nya ay nasa bulacan at doon nakatira sa bago nyang ka live in at nagtatrabaho din po kasi. May grounds po ba sa mother pra mag file ako ng custody dispute kasi hindi naman nya kasama yung anak namin?

    Reply
  484. jane

    Good day. I just want ask about my situation. Single mom po ako. 3 years old na ang anak ko. Hindi kami kasal ng tatay ng bata pero gamit nya ang surname ng father nya. Ako po ang nagsusupport sa anak ko. One year na kaming hiwalay dahil nahuli ko po syang nagdadrugs. Maraming beses ko syang binigyan ng chance magbago pero di sya tumitigil gumamit. Nong una hindi sya pumapayag makipaghiwalay hanggang kung ano anong message ang narerecieve ko galing sa kanya. Na wala daw ibang pwedeng makinabang sa amin/akin. May mamamatay daw muna. Ipapatulfo daw nila ako at sisirain ang image ko. Hanggang nagdecide ako na umuwi dito samin sa province. Pinutol ko ang lahat ng communication ko sa family nila lalo na sa kanya. Until recently nangungulit sila sakin na hihiramin nila ang anak ko, nangungumusta sila pero blinock ko ulit sila sa social media accounts ko. Nong tinanong ko naman sila about sa sustento ng anak ko, ayaw daw nila magbigay kung hindi ko ipapahiram ang bata.Palagay nyo po ba ay pwede akong kasuhan dahil inaalisan ko sila ng chance na mahiram ang bata? Magiging reason po ba yun na makuha nila ang sole custody in case mag file sila ng child custody? pwede ko ba silang kasuhan sa hindi nila pagbibigay ng financial support? pano po kung ayaw ko na talagang ipahiram sa kanila ang anak ko, makakasuhan ba ako?

    Reply
  485. jessica

    Hi Atty.

    Gusto ko lang po malaman if ano pwede gawin ng kapatid ko (guy) para makuha full custody ng anak nya after magbirthday ng bata ngaung August, my niece will turn 8 yrs old by then. Nasa mama nya po ung bata kasi po below 7 yrs old ung pamangkin ko, wala po kaming laban dun, pero nasa side nga ng mama nya ung bata lagi naman pong wala ung mama nya. nakatira po yata sa ibang bahay at lola at lolo lang nagaalaga sa pamangkin ko, pumapayag sila kunin ng kapatid ko ung bata pag Saturday pero dapat daw ibalik ng Sunday morning kasi pag hindi daw po kakasuhan nila ng kidnapping kapatid ko.

    May cp po ung pamangkin ko at may wifi naman sa bahay ng mama nya, tumatawag po dati sa messenger ung pamangkin ko pero nabalitaan namen na kinuha nila ung CP ng pamangkin ko kasi daw po baka lumabo mata ng pamangkin ko, gusto lang naman ng bata na maka video call nya ung papa nya pero ayaw ibigay ng lolo at lola nya.

    ano pong pwedeng gawin ng kapatid ko dito since pabaya naman ung mama ng pamangkin ko? thank you po. I would really appreciate ung insight nyo about this issue. maraming salamat po in advance.

    Reply
  486. Paula

    Hi Attorney! And to everyone that can help me. I am a mother of an 11 year old. She is an illegitimate child. We’re planning to renew her Canadian Visa. The first time that we applied was denied and the reason was “need ng consent of the other parent”. The consent was given naman. Pero this time nagkaroon na ng away kami ng father niya. Just want to ask kung anong legal documents ang pwede kong i-provide aside dun sa consent para ma-grant? Since illegitimate child naman siya? Pwede po ba akong mag provide ng documents stating na as her mother “innate parental authority by law” na ang pinang hahawakan ko? Then have it notarized. Enough na po ba yun? Ayoko lang po talagang humingi ng consent. Or pwede po ako mag file ng demand letter to provide his consent? Thank you. Hope someone can help.

    Reply
  487. Paige

    Good day Atty – need advise regarding child custody. Both parents died and these 2 children currently reside with their lola-mother’s side. She plans to take them to HongKong and live there permanently. Us on the other hand-father’s side, wish to take custody of these children as well. Hence, lola from their mother’s side wish to keep them instead. We wish to fight for custody – can we and do we have a case in this regard? Thanks

    Reply
  488. heromi

    paano po kung d kasal my dalawang anak.. 8yrs old boy ung girl 6… nasakin po ung girl maaari ko p po b mkuha ung kuya nya ee nbrainwash n po..
    salamat po sa sasagot sana mapansin nyo po

    Reply

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