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Author Topic: My situation with child custody  (Read 307 times)

Nescalin Cruz

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My situation with child custody
« on: October 24, 2021, 12:01:51 pm »

I am a single mom of two. My daughter really wants to be with her dad, because she was told that she can choose already when she reach 7 years of age. They did not know that an illegitimate child is under the mother's custody until 17 and when reached  18 that's the only moment she can go. It came up that he blottered me twice but the answer he got in the barangay is the same. Now when my mom asked them to take good care first of my kids because she will go out of the town for a funeral, the soon to be step mom took the responsibility of guiding them again with the online classes. My child did not want to go home because she likes the way how madrasta teach her also my 7 year old boy wants to stay where ate is but since undas is comming once they go here I will never let them go. Instead I will file a kidnapping if they refuse because my daughter's birthday will be held at their place. That's what is happening always since their cousin's are a lot. They told me I can't go to PAO because of my salary is above 15 thousand. But I will try my best with DSWD. Because the father told me before that the reason why I am getting the custody it is because of money, he said "gusto ko Lang daw pagkakitaan mga Bata". That's why he really wants to get the custody but we are not married and he has another live in partner but I don't have. Yeah boyfriend but not living with me. I hope someone here can help me. I live in las pinas city. Thanks

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« Last Edit: October 25, 2021, 01:20:18 pm by Mommy Jazz »
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Mommy Jazz

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Re: My situation with child custody
« Reply #1 on: October 25, 2021, 01:15:49 pm »

Hello Mommy Nes, welcome to Parent Chat. Wow! It seems ang dami niyo na pong alam about child custody. I'm not even aware na para sa mga 15k and below ang salary ang tinatanggap for PAO, tama po ba? I'm basing it from your post, where were you told of such regulation?

We have Smart Parenting articles that touches on some points in your story tulad ng "any child below 7 years old is deemed to choose the mother, unless the court decides otherwise." Is (as mentioned in our article) applicable if the marriage is terminated by an annulment. In your case, you were never married so you have the sole parental authority. Having that, dapat pinagpaalam muna nila sayo if they can make plans for your daughter's birthday. Also, ang custody is 50-50. It is not the father's obligation to give the 100% of the child's financial needs. It's sad that we cannot control how people think but as long as you are demanding only the father's share, don't let the gossips affect you.

All I can share are general information from a legal expert interviewed by Smart Parenting .I want to zone-in on the part of your story about your kids getting comfortable with your husband and their step mom. I think it's a good thing that they are loved by their father and the people around him and that your kids are getting to form their own understanding of their parents's situation. This understanding will grow and change pa naman as everything slowly falls into place.

Having the right basis and intention, yes, you can file a case as mention in the SP article, "In the case a child is taken away without the consent of the single mother, what legal actions can a single mother take?" Take into consideration how your children will feel and that your actions will not badly affect them.

We'll keep your story in mind when we get an expert to answer your questions mainly:
-Kailangan ba talaga na below 15k ang salary mo to qualify for a free advice from PAO?
-May right ba ang bata pumili kung kanino sasama when he/she reaches 7 years old?
-considered bang VAWC kapag ayaw isauli ang bata whether the child wants to stay with the other parent or not?

We hope your post will get replies from other Smart Parenting members. Regularly check your email to get notification. Feel free to message us again.
« Last Edit: October 27, 2021, 12:37:46 am by Parentchat Admin »
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Nescalin Cruz

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Re: My situation with child custody
« Reply #2 on: October 25, 2021, 02:02:56 pm »

Thanks for the response mommy jazz I just heared that from one of my workmate but still I am seeking a help here. What to do. Kase Para akong balewala Lang it's hard my kid fights me na Parang walang respeto saken.
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