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What do I do first to file for child custody if i even have the chance to win? It may be a difficult battle for me since I will be against the mother but I believe I can best raise our child.
Posted Tue, Jul 30, 2024 12:04 PM
If you are in Nigeria, let's talk further via mail [email protected] or call/Whatsapp 08089901606
Posted Tue, Jul 30, 2024 12:15 PM
Kindly contact us on 07026624801 or [email protected]
we will need to know more about the custody issue so as to give a good advice
Posted Tue, Jul 30, 2024 2:24 PM
CHILD CUSTODY
Article 213 of the Family Code states that: “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.”
This means that a child under 7 years of age are under the parental authority of their mothers may they be legitimate or illegitimate, meaning the child shall not be separated from the mother, unless the court finds compelling reasons to order otherwise. Some of the compelling reasons which would justify an exception to the rule and not awarding custody to the mother are neglect, abandonment, unemployment and immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity or affliction with a communicable illness (Tonog vs Court of Appeals, GR 122906, 7 February 2002).
If the child is at an age where he or she can make intelligent choices, his or her preferences and best interests can trump procedural rules. The family code states that the father of the illegitimate child may have parental authority over the child, including legal custody and visitatorial rights considering that the father of the illegitimate child has inherent and natural rights over the child which he can assert to uphold his rights as a father over his illegitimate child and achievie full custody or visitatorial right.
visit us at judicialadvocacylawfirm.com
Posted Wed, Jul 31, 2024 12:59 AM
Dapat and Dapat Lawyers is a full-service law firm with over 13 years of experience representing clients successfully. You may reach us Monday to Friday 8:00 AM – 6:00 PM (Philippine time) thru mobile/Viber at (+63)9175488045, 79331768 or [email protected]. We are able and willing to represent you after a full assessment of your case.
Posted Wed, Jul 31, 2024 1:08 AM
Dapat and Dapat Lawyers is a full-service law firm with over 13 years of experience representing clients successfully. You may reach us Monday to Friday 8:00 AM – 6:00 PM (Philippine time) thru mobile/Viber at (+63)9175488045, 79331768 or [email protected]. We are able and willing to represent you after a full assessment of your case.
Let us find the right lawyers for you