Thursday, July 26, 2007

Can an unwed mother avail of the benefits of the Solo Parents Welfare Act?

Through an anonymous comment posted in my article on "Support for an abandoned woman and her children," I was informed that in one case, the Social Welfare and Development Office of a town refused to give assistance to an unwed mother. The SWD reportedly required the unwed mother to present either the death certificate of the spouse or of a decree of annulment of the marriage.

Section 3, paragraph [8] of RA 8972, in the Definition of Terms, expressly includes unwed mothers (and unwed fathers!) as among those included in the term "solo parent" and so they can be recipients of the benefits of this law. The paragraph defines a solo parent as an "unmarried mother/father who has preferred to keep and rear her/his child/children instead of having others care for them or give them up to a welfare institution."

6 comments :

Anonymous said...

Hi atty,

If an unwed mother avails the benefits of this law, would the father be free from obligation to give support even under an RA 9262 protection order? Would she be excluded if she then gets married to a man other than the father of her child? What if the husband is not willing to share the responsibility for the wife's child?

Atty. Gerry T. Galacio said...

Section 3 of the law enumerates as to who qualifies under the term “solo parent” and who therefore qualifies for the benefits.

Let’s say that the unwed mother is already receiving benefits under this law. A change in her circumstances (reconciliation with the partner, marriage to another guy, obtaining a Protection Order for financial support, etc) will make her ineligible for benefits under this law. This is provided under the last paragraph of Section 3 which states “A change in the status or circumstance of the parent claiming benefits under this Act, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits.”

Anonymous said...

Dear Atty. Gerry T. Galacio,



Good day! I am Cha 24years old who is living here in Belgium as of the moment, First I want to let you know that Iam very happy to find your site in internet. Ive been seeking for help to every people I know who are child as well in out of marriage but nobody cant give us the right answers. Now, ive found your site I feel so relief. I am engaged with a dutch man. My situation right now isnt really stable at the moment. We are still processing our papers for being legal here hopefully this year I can get my identity card that allows me to stay here for 5years.



Our plan right is to start the process of getting him right now. But my problem is how to get my son here and get the full custody of my son from his father. Who have abandoned us 5years ago and telling to my whole family that it was not his son. He is now with his own family he got 2 daughters which is the eldest daughter have the same age with my son. When he left us we seek help from DOJ, we decided to sue him after 5yrs he got a warrant arrest (last year february).





My questions are:

1.How can I get the full custody of my son it is possible that my fiancee right has more rights now than the biological father? since we never heard anything from him. He is the one who is supporting all the needs of my son in all means as a real father.



2.Where we should start first for me to get my son?



3.Do I really need his permission for me to get my son here? Because I heard that we need a handwritten letter from him that says he is allowing my son to travel with my mom. Since I cannt go back to Philippines yet.



4. Could we get a legal service in DOJ for this matters? because as of the moment we are not really stable as of the moment.



Thank you so much for taking some time by reading my email. Hoping to hear something from you. Have a blessed day ahead!



Greetings,

Cha

Atty. Gerry T. Galacio said...

Cha,

I already answered your e-mail.

donn said...

Good day! Atty, I have a lot of questions to ask. Here's short story, I had 2 y/o daughter who lived with her mother we're not married. We have big problem but i dont want to elaborate. I always gave her child support to my daughter every month. I transfer money to electronic banking amount of 10000 pesos which is not enough. yesterday, we had a big agruement because of financial support the money is not enough and asked me just give 100,000 pesos or more and leave them alone.
first question? how much money should i give for the child support? If there's any Laws the how much to be given?
last do i have right to see my daughter only for visit?
looking for forward for your answer

thank you

Atty. Gerry T. Galacio said...

Donn,

1. Please read my post “Support for abandoned woman and family” (look for the link in the sidebar). The Family Code does not provide for a specific percentage for the support. It provides that amount of support is balanced between the necessities of the person asking for support and the financial capability of the person from whom support is being asked. Support shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.

2. Please read my post “Visitation rights over illegitimate children” (look for the link in the sidebar).

3. You can file a petition in court asking it to set (a) the amount of support you have to give; and (b) the terms and conditions of your visitation right.