Proof of Relationship In Cases of Illegitimate Child Support

Generally, an illegitimate child is entitled to support but the law requires proof of filiation or relationship between the child and the supposed father.

The Supreme Court, in a line of cases, considered the following as acceptable proof of filiation:

  • voluntary recognition by the father in the birth certificate, will, or a statement before a court of record
  • an admission of filiation in a public instrument or a private handwritten instrument(document) AND signed by the parent concerned
  • a notarized agreement to support a child in which the father admitted his relationship to the child
  • letters to the mother vowing to be a good father to the child AND pictures of the father cuddling the child on various occasions, TOGETHER with the certificate of live birth.

So far, it seems that in the Philippines, only the University of the Philippines National Science Research Institute (UP-NSRI) DNA Analysis Laboratory has the capability to conduct DNA typing using short tandem repeat (STR) analysis.

65 thoughts on “Proof of Relationship In Cases of Illegitimate Child Support

  1. maria

    I’d to know how to get an appointment with you re legal advice/ representation

  2. Mia

    Can a father refuse to take a Dna testing? & we just wanna ask for your contact number or your office address for an appointment. Thank You!

    1. Atty. Post author

      Mia: If the father refuses to voluntarily take a paternity test, then you may have to go to court, file a petition for child support and ask the court to issue an order for the father to take a paternity test. Please leave your name, last name and contact number at atty@christineflorido.com so I can coordinate with you.

      I hope this helps.

  3. Sheila

    My daughter will be in college this year. Her father and I was not married. There was no registered birth certificate because the birth certificate that he signed to acknowledge paternity was lost and was only recovered when I looked for documents & photos of my child and her father. She is registered under my name. Can she ask for support for her college education? we badly need the support as I am not earning that much. I hope you can help me.my number is *******

    Sheila ********

    1. Atty Post author

      Sheila: Yes, a lawyer can write the father asking for support for her college education. If he refuses to provide, your next step may be to have a petition for support filed in court. You will certainly have to show proof of filiation which will include the signed acknowledgment, the photos of the two together, letters etc. I hope this helps.

  4. Chrissie *********

    Good day. The father of my child is a foreigner. I have requested for his medical history because my son needs it …he has ignored it..now I want to have a letter drafted not only demanding for his medical history but for child support. He did not sign in my son’s birth certificate though I am more than willing to pay for DNA testing should he deny that my son is his…Will I have a hard time doing this? I know where to send the letter since he works onboard and I know where he is now..I would appreciate your sound advise…thanks

    1. Atty. Post author

      Chrissie: Obtaining his medical history may not be so easy because it is protected by ethics on confidentiality although depending on your reasons for needing it, you may have to go to court and file the appropriate action and apply for a court order to produce it. As for child support, you may file a petition for child support in court if he refuses to heed your demand letter. Getting him to come to the Philippines, though, to meet his obligations is another problem. I suggest that you ask a lawyer to send the demand letter for child support first and see what happens and try to negotiate an amicable support agreement out of court. I hope this helps.

  5. ella

    hi,
    if the father of my son will just give the amount he want because he said he got 5 kids, he got 2 colleges,, hes money is not enough! hes a police officer,, hes married we only got a son.. if i will filed legally in court how much would he needs to give ijn our son?. and what if he failed to give it monthly?, what am i supposed to do?pls reply.thanks you.

    1. Atty. Post author

      Ella: The amount of child support will depend on the financial capacity of the parent and the needs of the child. I suggest that you compute all the expenses incurred by your child in the past three months to arrive at a regular amount, and negotiate with the father regarding this. Bear in mind that support is a joint obligation of BOTH parents and you may have to share proportionately in the amount that your child needs. If you feel that the father of your child has no justifiable reason for not paying regular support, then I suggest that you consult a lawyer regarding the possibility of filing the appropriate action in court to collect it. I hope this helps.

  6. sandy

    hi,
    how about if the child is born outside marriage? i mean the father is married to other person and the mother is also married with another person…. then the real father wants a full custody of the child? but the real father is not the one who is in the birth certificate of the child but the husband of the real mother? can the real father have the custody?? please help… thank you

    1. Atty. Post author

      Sandy: The child in your situation is presumed to be the legitimate child of the woman’s husband; the father of a legitimate child is entitled to custody. Even if true paternity of the child is proven later in court, the child will be considered illegitimate. Illegitimate children are under the custody of the mother. The only way he can have custody then is to legally adopt the child, which procedure requires the prior consent of the mother.

  7. sandy

    thanks attorney that was really helpful, but how about if the real father helps in supporting the mother and her child partly? i mean financially, the expenses of the child like matriculation fee? because the husband of the mother is already deceased? will it be a consideration so that the real father can obtain custody because he helps in the expenses?
    thank you po

    1. Atty. Post author

      Sandy: If the mother objects to a petition for custody filed by the biological father, the court may rule in the mother’s favor because illegitimate children are under the sole parental authority of the mother. The fact that the father is supporting the child is irrelevant in child custody issues because it IS the father’s obligation to provide support regardless of the child’s status and whereabouts. One option is to negotiate with the child’s mother out of court and get her to sign a custody agreement in favor of the father. I hope this helps.

  8. rowena rebello

    hi,im a single mother my daughter birth certificate was in my name,she was 2 years old now?her real father was working abroad,since then then are not seeing each other for about 2 years.for now,she was married with another woman?and he stop supporting my baby that why i decided to put my my daughter in my name because we are having problem a about the support?my question is if someday im going to married to another man,i can be change my daughter surname by her step father….after this,the real father has a right to get the custody my child even if without any proof that he was the real father even picture they dont have together?he never visit my daughter when he go vacation her in phils?i dont have contact him for about 5 months now?he still have a right to get my daughter?tnx pls reply me..need help…

    1. Atty. Post author

      Rowena: Your daughter is illegitimate and may be adopted by your future husband after you get married. Adoption will allow your child to carry your future husband’s surname. Legally, you are entitled to sole custody over your daughter because of her illegitimate status. At best, her father is entitled to reasonable visitation and obliged to provide support. Assuming that he provides support, paying support is not one of the grounds for depriving a mom of sole custody. Providing support is his obligation. It has nothing to do with right of custody. I hope this helps.

  9. rowena

    Good day!Thanks a lot for your reply.I have question again atty.,since he’s not giving any support for now,can i file a case against him in court asking for a financial support?also,if he force to get my daughter can i file also a case as kidnapping?atty,its okay if my daughter used also my middle initial?thanks a lot atty….

    1. Atty. Post author

      Rowena: Yes, you may file a petition for support on behalf of your minor daughter. If he forcibly takes your daughter away, I suggest that you report the matter immediately to the nearest police for the appropriate action. As for your daughter’s name, if she carries your surname, then she will not bear any middle initial (not even yours). I hope this helps.

  10. rowena

    Thanks a lot atty.!its really a big help…more power…

  11. jennifer

    Good day Atty. My husband has a 10-year old illegitimate daughter before we got married. Eversince the child was born, he financially supports her every month amounting to 5k then recently was increased to 6k. Aside from that, he also sends half of the child’s school fees every year and money to be used every birthdays. However, my husband resigned from his job abroad two months ago due to health problem (not a major illness, he has hypertension). We told the child’s mother that temporarily we will stop sending her monthly allowance. Prior to that, last year I emailed her that my husband’s job will only be until June 2011 so she could prepare herself since she is gainfully employed. Our problem now is that she is forcing us to send money eventhough my husband is unemployed. She even threatened us that she’ll sue my husband for not sending money. What action can we do so she would stop harassing us? Once my husband finds another job, can we take legal custody to the child since she is already 10 years of age? help us please..thank you in advance.

    1. Atty. Post author

      Jen: Reply sent directly through email. Please check.

  12. venice r******

    Good Day Atty: I have a daughter she was a illegitimate child she was using my surname,not for her real father.My question is i don’t have any proof that he has the father of my baby,only for blood even picture they were together of my baby.but she was sending money to my daughter but a small amount only..since then,if the right time i need money for my college education of may daughter.do you think my baby has a right to get educational support from him?Atty.in some cases, its good to follow the surname of the real father rather than using my surname?because during that time i was afraid he will get my daughter..that why i decided to put in my name,also he married with another women…i was confused if i really need to use the real father surname were not married?thanks a lot and more power!…

    1. Atty. Post author

      Venice: If you are sure that the man providing some support to your daughter is her biological father, then you may ask for regular support including tuition until your child finishes college. If you are in good terms with her father now, try to get him to sign an affidavit acknowledging paternity, have it notarized and keep it until such time that you may need it to enforce your daughter’s right to support. The problem may arise when the father refuses to acknowledge his relationship to your daughter. In which case, you may have to consider a DNA or suitable paternity test to settle the issue.

      Regarding the child’s use of her father’s surname, there are benefits and disadvantages for allowing her to use his surname. If you are not in good terms and your daughter does not recognize her father, she may not want to use his surname when she grows older. It is easy to let an illegitimate child use the father’s surname but to reverse the use (ex. changing from father’s to mother’s surname) will require a court petition. So, when in doubt, just keep a document acknowledging the paternity and let the child continue using your surname. I hope this helps.

  13. Dens A*****

    Good day attorney, i’m trying to help out a friend of mine, hope you can give us some advice on the initial steps to take. Here is her situation:

    She has a child from someone who is married. The father acknowledges the illegitimate child (who is about to turn one year old) but has not even seen her personally and has made no concrete commitment to help out financially. I understand the illegitimate child is still eligible to seek financial support? what steps should we take if the father refuses to provide financial support? thanks in advance🙂

    1. Atty. Post author

      Dens: First let the child’s mother write the father a letter reminding him of their lovechild and of the child’s needs. It should not be legal sounding or intimidating, more of a catch up letter. She may even enclose the child’s latest photo for the father to see. Let her conclude her letter with a request for financial support, specifying the monthly amount to cover the child’s needs. If the father responds, then good. If not, then she may approach a lawyer who can send the father a demand letter asking for the payment of child support. From there, the lawyer should be able to strategise on her next steps should the father still fail to provide support. I hope this helps.

  14. nel

    Atty. : I am a married man and was involved with a girl and had perhaps a baby. but the catch is, i am not the only guy in his life.
    He wants me to recognize and support his baby and threatens to sue me if i dont give support. I know i had a medical records w/c points out that i have a low sperm count during her pregancy. i ask her if she had a sexual relationship with the other guy and said they had sex also. i want to spare my family from anxiety. i dont deny or confirm that that baby is mine but i have the medical records to prove. all my children are conceive with medication. do the burden of proof rest on me to take the DNA.? Please help.

    1. Atty. Post author

      Nel: I sent a reply directly through email. Please check your inbox.

      1. nel

        thanks atty. … it helps me a lot to know the basics.

        paternity i think could only be verified through DNA test. if she sue me , who will shoulder the expenses
        i am financially broke to spend for such expensive procedures.

      2. Atty. Post author

        Nel: Ordinarily, the one suing shoulders his/her own legal expenses in court, and the one applying for a court order for paternity/DNA testing will also shoulder the costs of the procedure.

  15. jm

    Hi Atty. I and my husband have a 2 month old son. He’s a policeman and just newly got the job. He has a 2 year old son to anohter woman and the woman is really noisy about the child’s support. How much will she get from my husaband if it is in a legal base?.,

    1. Atty. Post author

      JM: The amount of child support is not fixed and varies according to the child’s needs and the financial resources of your husband. I suggest that your husband ask the other woman to provide him a list of the child’s monthly expenses to determine how much the child really needs and to negotiate some sort of sharing of expenses, especially if the child’s mother is also working. I hope this helps.

  16. jm

    okay,..I will atty. thanks you so much

  17. Ameluna

    Hi atty.,

    I need your advice. I have a live in partner who has a child with other woman. He is a policeman. Now i am bearing a child and this previous woman in his life whom he got a child with, who is now 3mos. keeps on asking support. The thing is, my partner is the head of his family and is sending one of his sister to college. He is always short of his budget and that woman decided to file a case for their child’s support. What can I do to help my partner? What are the possibilities that he can counter in case the woman will pursue her plan. He has fixed his filiation on the live birth of the child yet incapable of giving support to the child. The mother’s child is unemployed. Can the woman ask for fixed financial support from him or what are her legal claims against him if my partner fails to give support to the child? Kindly send your advice to my email amyrabusa@yahoo.com.

    Thank you.

    Ame

    1. Atty. Post author

      Ame: The hard reality is that the father has the obligation to support his illegitimate child. If the child’s mother files a petition for support, she will most likely prove the child’s monthly expenses and the father’s source of income and living standards. Then it will only be a matter of time before the court will order the child’s father to pay monthly support. So, I suggest that the child’s father NOT wait for the child’s mother to sue him because it will be much more difficult to disobey a court order than to negotiate with the mother. Perhaps, he can try to open communications with her and ask in a nice way for a list of the child’s expenses and disclose to her his true financial situation. He can then counterpropose an amount that is reasonable under the circumstances and also ask her nicely if she can help him out in the expenses of their child. Both parents have the obligation to support the child, by the way. He can also take a look at the list of expenses and see if he can provide some of them in kind and provide partly in cash, e.g. buy and send the child milk, diapers, food, etc. If he can do this regularly and keep all his receipts, then perhaps the judge (if the child’s mother pursues a court case someday) will use that as basis for the court order. Any form of compliance will be a favorable factor in a court case and can be a starting point for negotiation. I hope this helps.

  18. Ameluna

    Atty.,

    Does any support given to the child valid in court although it’s not on a regular basis? Actually my partner has given the mother an amount of 20,000 during his delivery yet wasn’t able to make a regular support after the child was born. Sometimes, he does send them support but not regularly. What are the possible documents he can use to counter on the mother’s claim if pursue in court? Will her claim against the father could also affects me in the future? What are her possible basis or reasons to include me since we are still planning to get married next year.

    Thank you.

    Ame

    1. Atty. Post author

      Ameluna: The child’s father can object to the amount that the mother will claim in court if it is beyond what the child needs on a monthly basis. Providing some support, although irregularly, may be used as basis for counterproposing a different amount from that claimed by the mother but it is not going to be the only basis for setting the monthly amount of child support. Two factors are important- the child’s needs and the father’s financial resources. I don’t see why the action for support should include you although in reality, a court case can strain your relationship due to the financial burden that the court order can add to your already tight budget. I suggest that you let the child’s father and mother negotiate on their own and try not to interfere in the process because it is a legal matter between them and may even prevent compromise from being reached. It is best for them to settle this matter out of court to avoid additional legal expenses and emotional stress. I hope this helps.

      1. Ameluna

        Thank you attorney for the information.

  19. jaiiii

    Hi, i am a single mom. My son turned 1 2months ago. The father of my son doesnt recognize my son as his own. He is a nurse, he only give 800pesos every month. He havent seen the child,and i thnk he has no plan in visiting him. I want the father to give the rightious support to my son. What should i do,so he will give my child whats for him? And if he refuse to give a support can i file a case against him?bt i dnt have any proof (document) indicating that he is the father. Help.

    1. Atty. Post author

      Jaiiii: I suggest that you have a lawyer send him first a demand letter asking for a higher amount of monthly support, explaining the details of your son’s monthly expenses. If he does not agree with you and you still think he must provide more, then your next step is to file a petition for child support in court. Your lawyer will most likely ask the court to issue an order for the paternity test of your child and his alleged father. In addition, it may also help to state in the petition for support that the child’s father impliedly recognized the child as his own through his own actions of sending P800 monthly.

  20. anne

    i give birth in 2007 in manila the bc registration of my son use my middle name and my surname. This is a problem? that my son use my middle name in his bc. His father is turkish and not acknowlege him it is possible my son can get support to his father?

    1. Atty Post author

      Anne: Illegitimate children who are not acknowledged by their fathers will be registered under the mother’s surname and a blank middle name. It may be a problem if your son’s other documents do not show the same middle name and surname– always remember to fill in the child’s name CONSISTENTLY, or following what appears in the child’s birth certificate. The child’s father must acknowledge paternity either on the birth certificate or in a separate affidavit for you to be able to file a claim for support in court. Without that, you can only hope that the father will cooperate when you ask him to provide support outside of court. If the child’s father refuses to sign any acknowledgment and refuses to pay support, you may file a petition for support and ask the court to issue an order for a paternity test to settle the issue. I hope this helps.

  21. JM

    what if i don’t have enough money for child support. the mother of the child wanted to have this. she is not even my girl friend. i don’t wanna pay for a kid that’s not mine… pls help
    TIA

    1. Atty. Post author

      JM: If the child is not yours, then the child will not have any right to claim support through the mother. If the child is yours but you simply do not want to have anything to do with them, then I’m afraid that the child’s mother may file an action for support against you if you if you have acknowledged the child or if she can prove through paternity test that you are the child’s father.

  22. jen

    hi Atty.what should i do about asking support for my son from his father?we are married but he had a kid with another woman,that’s why ive decided to just let him free w/his mistress..my problem is my son’s birth cert.indicates he’s illigitimate child,because we’re not yet married then when i gave birth to my son,but he uses already his father’s last name thats why civil registrar categorized my son as illigitimate.would it be better if i oblige my x-to fix our son’s birth certificate?what should we do to fix it so my son will become legitimate?i dont have work now,can i also ask for alimony?s there duration for giving alimony?can he file for custody of our son?is financial support of legitimate and illigitimate child only the same?

    1. Atty. Post author

      Jen: Please clarify if any of the parents were married at the time the child was born. Subsequent marriage may not automatically result in legitimation if one or both parents were legally married to another person at the time the child was born– thus, he remains illegitimate, even if you married after that. But if both of you were legally free (single) to marry each other at the time the child was born, then you may have to go to the civil registrar and ask for the steps and documentary requirements for LEGITIMATION. This should correct the status of your child from illegitimate to legitimated.

      If you are still married to the child’s father, you can claim child and spousal support. Your husband may file a case for custody subject to the child’s age– if under 7 years old, then you may continue having custody over your child. But ordinarily, courts ask the parents to agree on a joint custody arrangement where each parent gets to spend a few days with the child each week.

      Financial support for legitimate and illegitimate children follow the same rules– the amount depends on the needs of the child and the financial resources of the father.
      I hope this helps.

  23. JM

    so she needs to have a paternity test before she can do all those claims, right? even if its just a one night stand?

    1. Atty. Post author

      JM: the child’s mother may only need a paternity test if the child’s father does not expressly acknowledge paternity. The judge may order a paternity test and for the parties to share in the costs. If the child’s father knows that the child is truly his, I don’t usually suggest daring the mother to have the child undergo testing because the unnecessary expense could have been used to spend for the child’s needs. You’ll be surprised at how many one-night stands have resulted in pregnancies. It only takes one unprotected encounter to produce a baby.

  24. Atty.

    My partner and I have been living together for more than six years with 2kids, a 4year old girl and 5yr old boy. mid last year he started to cheat. I threw him out of the house when he admitted about it yet he went back to us after 2 months, he stayed with us for 2weeks and after knowing that she didn’t stop communicating with the girl, i made him decide and he again decided to go with the girl. after a week of them being together he again got back home. this happened up until today. and now he again decided to be with the girl I demanded for a child support. when this first happen I asked him not to show up in our house yet because our little girl was so affected by his absences she tends to suffer nightmare, wakeup late at night crying calling for his father. She even had asthma attacks because of it.

    This all started back in june last year. he lost his job early october same time he ran back to us(the 3rd time)and from then I was forced to look for a job knowing that I have to provide for their needs and to cover our expenses. we didnt have any source of income for two months causing to be in debt. I got a probationary job december last year earning 15K monthly. It was only half of the monthly expense we incur for our daily needs. Then again he he left on christmas eve.last month February he got a new job with a salary of 22K plus non taxable allowance of 6K for a total of 28K monthly. He was kicked out by the girl because of the time he spent with us during weekends. Everytime, from the very beginning, he made us hope that everything could be fix that we will be ok and now, he again wanted to go to the girl.

    After lying down the options to him he decided to get back to her. I demanded for a 10K support every payday, making it 10k for each kid. but he was hesitant he only wanted to shed 7-8k monthly and his reason was because I am earning. the amount isn’t even enough for me to pay a psychologist after the mental and emotional torture I and our kids suffered from him.

    If I file for child support how much will I get since I am on a probationary period at my work, will it defer if Im working or not?

    I want my kids and I to undergo counseling after this at least to lessen the stress and the effect of the circumstances but I cannot afford the fee. I know there’s a law for physically abused and battered women and child, is there any for those mentally and emotionally battered as well?

    1. Atty. Post author

      To :’-( :
      I suggest that you list down all your children’s regular monthly expenses such as rent, electricity, water, yaya/maid, groceries, transportation costs to school and back, baon allowances, school fees, etc. and then present it to their father and ask for the total estimated amount. If he refuses, then you may have to ask a lawyer to file a petition for support asking that the court order him to pay the amount based on the list of expenses you prepared. I suggest that you use realistic amounts, based on receipts of past expenses, rather than pick any amount that you cannot justify, if asked in court. If you wish to obtain counseling for you and your children, I suggest that you inquire about those fees and search for one that is within your means so that you and your children can get the help you need. AS much as possible, I recommend discussing this matter out of court to spare you the hassles and expenses of a court case. The emotional toll of going through a case can also be too much for you considering that you admit being bothered already. I really hope this helps.

  25. let

    atty:

    I am married to a seaman last 1999 since we got married i suffered psycologgal and emotional problem with him since he keeps on jeolous on me even with my work as a government employee. Evertytime we attended seminars and going on field is my burden to him especially when he i on board because he cut off my allotment or not contact with me.He always threatening me to leave me if i will not resign to my work wherein i am afraid to do so because of his attitude and I am a single mother with one son before we got married. He knows who i am before we got married until year 2007 i gave birth to our youngest son and after one month he go onboard but sad to say until now he did not go home anymore. I receive my monthly allotment when he is on board because i know his agency but the problem is i did not receive any payslip or contract of service of my husband. My question is how much percentage can a wife recieve? I have 3 boys and my allotment they are all in school now. Can you advise what is the legal way for the support of my children?

    1. Atty. Post author

      Let: I suggest that you compute your regular monthly expenses- rent, electricity, water, phone, transportation, groceries, yaya/maid, children’s allowances, clothing, medicines, etc. and then write your husband about it. If he says that he can’t afford to pay that amount regularly, then you may have to find out how much his monthly salary is to see if he can afford to support your children fully. If not, then you may have to find ways to add to the amount that he gives monthly. Support, ideally, is provided by the father, but in case his sources of income are not sufficient, then you may have to share in the responsibility of supporting your children as well. I hope this helps.

  26. trix

    hi attorney i hope you can ans my questions, i was married when i was only 20 yrs old. i had two kids with that marriage but we separated because he had an affair with his ex gf and had a child with her. but he still continues to support my kids, i then met my ex-bf pregnant first everything was fine, i got pregnant and soon his true color showed i found out later he was courting another girl while i was pregnant, we tried to fix things and he promised to change a year later i found out he was still trying to win over the girl and that was the time i decided to break up with him, unfortunately i found iut i was pregnant with our second child, pahirapan po before i could ask him for financial support, as of now he said he already has a work, i toldhis mother that i would file in the police station for financial support his mother told me i cant to that and i will not have any right to ask for support because im married, can you help me what can i do to get financial support, im also trying to finish my study at tesda and nahihirapan n po ako kasi ako kasi ako lagi nag aabono sa mga gastusin namin… pls sana po you could helpme… im due this june… gusto k n po tlga mag file kasi im so stressed thingking of the expenses…. thanx

    1. Atty. Post author

      Trix: You can ask a lawyer to send him a demand letter asking him to provide monthly support of your first child. Calculate all your child’s monthly expenses and state the estimated amount in the same demand letter. If he refuses to pay within a specified period, you may ask the same lawyer to consider filing the appropriate case in court, either for his failure to provide support under RA 9262 or a civil case collecting child support. If you cannot afford a lawyer, try approaching the Public Attorney’s Office for legal assistance. You may have a problem with the birth of the second child because given your situation, the father may not be around to acknowledge the child’s birth, something you need done in writing in order to claim support for the second child and birth expenses. I wish you a safe delivery.

  27. chrissie

    Hi atty. Thank you for your reply to my post a few months back. I had already written a demand letter and had it sent to his agency, his home address and one to his employer…he has not acknowledged any to date and this was sent last october? I am thinking of having one sent through a lawyer since as per my lawyer friends advise, it is better to have me write it first hoping that this would be enough for him to at least try and communicate..nill…I have no hopes of having him be in my son’s life if he is not interested however, he still has financial obligations that he should address..

    help…

    Chrissie

    1. Atty Post author

      Chrissie: You may ask a lawyer to send a demand letter to him and see what happens. If he is abroad, you may have to wait for him to return to the Philippines to file a case against him. Your lawyer can also consider filing a case for economic abuse under RA 9262 and ask for the issuance of a hold departure order for him to comply with his obligation to provide child support. I hope this helps.

  28. Anne

    Hi Atty,hoping for your help with my case.I have 4y/o from my previous relationship and he bears his father’s surname,but since i gave birth he never supported my son untill now and he never showed concern to my son only his relatives the 1 interested.My problem is were sorting our documents for our visa to uk for settlement,and they need me to show my sole custody and responsibility to obtain my son’s visa.2. His father refused to sign consent to allow my s0n to settle with me in uk 3. Do I have chance to get the full custody and How it takes to get it? 4. Do my ex-bf’s relatives has the right to barrow or visit my son whenever they want?
    thanks in advance
    anne

    1. Atty. Post author

      Anne: I assume that the child’s birth certificate bears his father’s name– in which case, you may have to approach a lawyer who can first try to get his father to sign an agreement allowing your son to migrate abroad with you. If he still refuses to cooperate then your lawyer should be able to file a case for sole custody which can take several months to complete. The relatives of the child’s father are not legally entitled to visitation or custody although you can allow supervised visits, meaning previously scheduled, in your home, for a limited period and without any right to take the child out of your home. I hope this helps.

    2. maricel

      hi atty.
      i was involve with the married man. but now we are separated we end up our relation at the time his wife know about us. we have 1 year.old son. now i want to ask for the support of my son?, he sigh for the paternity of my son. if ever he will stop working but still they have income in other source. can i demand a child support?

      1. Atty. Post author

        Maricel: yes you may ask him to provide financial support for your minor son. Try sending him a message first reminding him of your child’s growing needs. If he fails to listen then you may have to ask a lawyer to send a demand letter for him to provide support. I hope this helps.

  29. kc

    Good day atty..please help my friend. I have a friend and He had a son but they were not married with the mother of his son. then he wanted someone else and they are planning now to get married. The mother of his son demanded worth of Php 18,000 and a continous support from my friend for setting him free. and there were treats going on with the family of the mother of the child.. my friend still supporting his son and he cant give right away the sum amount of Php 18,000 as the mother of the child demanded for. If not she will file case to my friend..What will my friend do atty?

    1. Atty. Post author

      KC: Just let your friend continue providing support in the amount that is sufficient for the child’s needs. Remind him to keep all proof of his support (deposit slips) receipts or proof of remittances to the child’s mother. If the mother sues him for child support, your friend should get a lawyer to defend him in the case where he will most likely have to show proof of his compliance with his obligation (such as the receipts or other proof of providing support).

  30. mara p

    good day atty…my daughter is illigitimate but she has a birth certificate that her father sign.they also have a lot of picture together…on her first two years he support my daughter but not enough..after that he stop sending money,when i ask him to send he told me just to txt what we need he will be the one who will buy.because of my anger i told him that i will let my daughter to be adopted rather than suffering.he told me that he will sue me to court so that he can take my daughter away..
    i love my daughter much and i want her to be with me?im the one who has the right?can i file for legal support?tanx

    1. Atty. Post author

      Mara P.: First of all, mothers of illegitimate children have sole parental authority over them. ON the issue of child support, I suggest that you have a lawyer send the child’s father a demand letter asking him to provide monthly child support. If he refuses to heed the demand letter, then your lawyer may file a petition for child support in court. ON a personal note, try not to say things in anger that you may regret later. It’s always best to keep a cool temperament and an open mind for the sake of your child. Try to understand the reasons of the child’s father for proposing to provide for the child’ needs that way. In the end, it’s what your child needs, not just cash, that is more important.

  31. yuki*******

    Hi Atty. Florido,

    I’m a Japanese-Filipino child (Filipino Mother and Japanese Father) and I would like to ask about the child support program from the Japanese Government. I was born and raised here at Philippines but as stated in my BC and Passport, I’m a Japanese Citizen. My Father died when I was 7. How can the Japanese Government help me with this child support thingy? How can I notify them about my situation? Thanks.

    1. Atty. Post author

      Yuki****: Please refer your query to the Japanese embassy for appropriate advice and action.

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