Put Your Agreement In Writing

Your best evidence of a contract or agreement is the paper containing its terms. This must be signed by both parties who agree to be bound by it. Consider it your best defense should anything go wrong in the implementation of the agreement.
The same precaution applies to family law cases, where a parent, who is a party to a support or visitation arrangement, is best protected by an agreement in writing. Having a formal agreement takes the place of constant verbal contact between parties, whose communication with one another is most probably strained. Where the case is pending in family court, it is best to have the court approve and note the agreement. Once approved, either party should be careful in the observance of its terms because any failure in compliance may be subject to enforcement by court order.

7 thoughts on “Put Your Agreement In Writing

  1. Pingback: Can minor child travel abroad without father's consent | ChristineFlorido.Com

  2. Angie

    Hi, I am in dilemma right now. I have a child born out of wedlock from his US citizen father. I was in agreement with the father of my child since he acknowledge my son to use his last name and he even send financial support. I registered my son in the NSO using his last name. Now, his application to become a US citizen is on process. All the documents needed are already submitted. My problems arises when the father of my child told me his intention of taking my son away from me after he become a US citizen. My son is only 2 years old. Do you think he can have the full right to just take away my son even I did not agree with it? Right now I am not working but we are well off to provide for my son’s needs even without his support. Is there any laws regarding this kind of situation? How can I protect my son if his father insisted his right. The thought of losing my child scared me to death. How can I fight for my right? I do not know the US law. All I have here are the grounds to use against the father of my baby. PLEASE HELP, GIVE ME INSIGHTS OF WHAT TO DO. THANK YOU SO MUCH.

    1. Atty. Post author

      Angie: I suggest that you keep all your child’s travel documents, especially his passport, if such is the father’s intention. If the child is living with you, then you might have to take extra precaution such as supervised child visitation and instructing people at home not to let your child out without your knowledge and consent. While laws generally give you preferential right of custody over your son who is illegitimate, the real problem is in physically preventing the father from taking the child away. Once the child is abroad, it can be difficult and expensive to legally retrieve the child and bring him back to the Philippines. You’ll just have to tell him in very clear words that it is not your intention to surrender child custody over your son to him (the father) and that if it is his intention to take the child away from you then you will have to withdraw the application for travel documents already pending. I’m sure you were required to sign consent forms for the visa application; try asking the embassy if there are suggested forms for withdrawing that consent so that the child will not be issued a visa.

  3. Reign

    A pleasant day… I have questions regarding the situations I am with right now. I am in predicament and I need help so badly. I have a daughter born out of wedlock from her American father. She is only 3 years old. Though I am not married with the father of my child, we were lovers. He even promised me that he has plan for us to be together for good, we talked about having a life together. That is why I registered my daughter in NSO using her father’s last name. Her father sent an acknowledgement letter to me and we worked on with her US citizenship. Now my daughter is American citizen and my problems arise. Her father and I had a fight a month ago. I found out that he is involved with another woman promising her marriage and family. This woman even claimed that they already talked about taking my baby away from me and let the woman become the mother of my child. When I asked him about the woman, he became mad that he cursed me, insulted me and threatened me. He even stopped sending financial support to my child. But according to the documents that he submitted at the US embassy, it says there that he will support my daughter up until she is 18th years old.
    MY QUESTIONS:
    • Do I have the right to claim financial support for my child? I am residing in Manila right now and he is in USA.
    • Does the father of my child have the right to take my baby to USA even without my consent? Does the US law can interfere with that?
    • Do you think it will become a problem to my child having two citizenship?
    • What is the law in the Philippines that can protect my daughter’s right to live here.

    1. Atty. Post author

      Reign: Your child has a right to be supported by her father. Filing the action for support, however, may require some long procedures considering that the father is residing abroad. Your baby is an illegitimate child even if the child bears the father’s surname and under Philippine law, the illegitimate child is under the sole parental authority of the child’s mother. Immigration authorities normally require proof of sole custody before processing visa applications to enter another country and Philippine immigration authorities at the international airports normally require the mother’s written consent if the minor child is unaccompanied by its mother.

      1. grace

        hello atty, i have a 6yrs old son who was on my care, his father and i was ont married but my son was using his surname , i am alone in raising my child and now i was about to marry, and the the father of my son was seeking for my son’s custody, at first he had a message on facebook saying that he wants to borrow my son after a year without visiting him knowing if he was ok , never heard anything or any financially support from him , does he have the right for borrowing my son or having the custody? i’d been working and raising my son for 6 years of his life ,thank you very much hope you can give me an advice on what to do regard with my situation, have a good day, grace here

      2. Atty. Post author

        Grace,
        The father of an illegitimate child is generally entitled to reasonable visitation if he acknowledged paternity. Considering that your son is using his surname, it is assumed that the father acknowledged paternity by signing the back portion of the child’s birth certificate. Since the biological father seems to be interested in renewing ties to your son, maybe you can consider asking him to provide child support which is his legal duty.Going back to the ‘reasonable visitation’ of the child, what is reasonable will depend on the circumstances of the child. If the child barely knows his father and is too young to understand his situation, ‘borrowing’ the child may not be considered reasonable. Also, vices (drug or alcohol abuse), irresponsible behavior, and other circumstances about the father that may have a negative impact on the young child may be considered in determining the duration and extent of visitation that you may grant to the child’s father. I suggest that you first try short supervised visits with you or someone the child trusts around him. If the father is consistent, the child may be able to spend longer time with the father. Hope this helps.

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