tag:blogger.com,1999:blog-18260617.post4554469215456048037..comments2023-06-09T23:24:58.079+08:00Comments on Legal Updates on the Family Code Philippines and relevant matters: Custody battles over children between grandparents and a mother or fatherAtty. Gerry T. Galaciohttp://www.blogger.com/profile/17233852101336409722noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-18260617.post-13965679892689061872010-03-09T09:09:03.272+08:002010-03-09T09:09:03.272+08:00grace,
Please read my post “Support for abandoned...grace,<br /><br />Please read my post “Support for abandoned woman and family” (look for the link in the sidebar). The wife does not have any legal say in this matter. It is a matter between you and the man, as overseen and to be decided by the judge.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-52734460644576386212010-03-07T21:35:21.626+08:002010-03-07T21:35:21.626+08:00gud day to u atty,.
about da financial support and...gud day to u atty,.<br />about da financial support and custody of the child(illegitimate child), hanggan saan po b ang limitations ng legal wife s decision making hlimbawa po n mguusap kmi ng ama ng anak ko about s custody and financial? nuon mnsan po mguusap kmi ng ama ng anak ko, ang wife po ang humarap s akin at msasakit n salita at kng anu ano po ang cnabi s akn.gracehttps://www.blogger.com/profile/17193259933500745872noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-81734062627872321472010-02-20T17:53:34.308+08:002010-02-20T17:53:34.308+08:00[1] Please read my RA 9262 “Anti-Violence Against ...[1] Please read my RA 9262 “Anti-Violence Against Women and Their Children Act of 2004” posts (look for the links in the sidebar). Through a Protection Order, you can ask the court to compel your husband to give financial support to you and your kids, and/or to stay away from you, your kids and designated family members. <br /><br />If your husband forcibly takes custody of your kids while you are working abroad, you or your aunt and cousin can get a Protection Order to regain custody of your children.<br /><br />Also, since your kids are both above seven, they can choose which parent to live with (Article 213 of the Family Code). The said article states: “In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit.”<br /><br />[2] In the sidebar, you can get the contact numbers of government agencies and offices (PNP, NBI, DOJ, etc) from which you can ask help.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-8106176014746121842010-02-16T12:06:53.563+08:002010-02-16T12:06:53.563+08:00Greetings po!
I saw that may mga Biblical quotatio...Greetings po!<br />I saw that may mga Biblical quotations po kayo after your articles(or whatever you might call it :) ) so i sensed na if i present my case to you po eh both Biblical law and human law po pagbabsehan ninyo.<br />I'm married po but not living with my husband since January 2007 up to now.We have 2 kids both above 10 year olds and they are with me.On November 2007 we migrated to Luzon, me and my kids,since we were living in Mindanao before.My kids and their father had an open line of communication and I did not deprived that from them acknowledging his right as a father.But few months after,he stopped communicating with my kids changed his mobile number so my kids had no communication with him anymore.He did not even try to re connect with my kids knowing the fact that my parents are in Mindanao and is very much within his reach if he cares about our kids really.And he did not give any single centavo of financial support from that on until present time.<br />Last year I came to work abroad to sustain my needs and my children's, leaving my kids under the costudy of my aunt and cousin in Luzon wherein I regularly send money for my children.<br />Now I am planning of going home to the Philippines and bring my children to my parents in Mindanao and leave them under their costudy while I continue to work here abroad.I strongly believe that my children will be better under my parents,though my cousin and aunt really took care of them as their own,but of course they also have their own life and family to attend to.<br />My main sole concern is,what if my husband will bother and claim costudy of our children?<br />Will he have the right to take them from my parents? What do I need to do?<br />By the way, here are some facts about my husband's condition as of the present:<br />*He is a police officer and had a blotter case for pointing his issued firearm(gun) to me and the kids which i filed before.(Can be interpreted as psychologocal incapacity?)<br />*He is epileptic and has medical record in a certain hospital and is under medication as far as i know.(Which I think not a good condition to have costudy of our kids)<br />*As I have heard recently,he is involved with a certain woman and has an under a year old baby.<br />Please do help me. <br />Thank you and God bless!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-83233688103059529022010-01-16T13:07:04.709+08:002010-01-16T13:07:04.709+08:00Your brother and his wife are legally married. Und...Your brother and his wife are legally married. Under the Family Code, BOTH the father and mother have parental authority. This authority includes custody. Take note especially of Article 212 which states that “in case of absence or death of either parent, the parent present shall continue exercising parental authority”. Thus, your brother does not need to go to court on the issue of custody. The Family Code already provides that he can continue exercising parental authority (and having custody) over his son.<br /><br /><i>Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being. <br /><br />Art. 210. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. <br /><br />Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary. <br /><br />Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority. <br /><br />Art. 212. In case of absence or death of either parent, the parent present shall continue exercising parental authority. The remarriage of the surviving parent shall not affect the parental authority over the children, unless the court appoints another person to be the guardian of the person or property of the children.</i><br /><br />Please consult other lawyers who may have opinions different from mine or who may be able to suggest alternative courses of actions.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-91545790081664841172010-01-14T15:53:32.533+08:002010-01-14T15:53:32.533+08:00Hello po and good afternoon.
Gusto ko lang i ask ...Hello po and good afternoon.<br /><br />Gusto ko lang i ask kung pwedeng mag file ng Child custody ang brother ko even without his ex-wife's presence.?<br /><br />My nephew stays with my brother since the day they got separated.<br /><br />The ex wife doesnt cooperate sa pag-uusap nila regarding the custody.Ayaw niya asikasuhin ang pag pirma.<br /><br />My brother filed a BIGAMY case because the ex wife married another man without getting her first marriage annulled.<br /><br />May warrant of arrest na na iisuue for the ex wife.<br /><br />The ex wife is now out of the country.<br /><br />My nephew is 11 years old.<br /><br />What shall we do regarding the child custody.?<br /><br />Please give us advise...<br />Thank You po.Anonymousnoreply@blogger.com