Family Code in the Philippines

Hi everyone,

Good day!

I have few questions and need legal advice to those who experienced and have knowledge about family legal issues regarding the visitation rights of my parents for the son of my late sister.

(1) My three year old nephew is born to an unmarried parents. Is the child considered as legitimate child? He is using the father's surname and as written on his birth certificate as well. My late sister and the father of the child lived together for almost two years.

(2) When my sister died during typhoon Yolanda my parents took the child home but the father asked my parents not to take the child while on the moving on process and they agreed. On the first five months everything was fine. The child comes to our home every month until last month when my father received a text message from the father of the child saying that at the moment he can not allow my nephew to visit his maternal side until he reaches his legal age. Can my parents demand for a visitation rights over their grandchild?

(3) I have read an article regarding family code. How true that if my nephew is considered illegitimate in case the mother dies, the parental authority will be on the maternal's parents? Is this correct?

(4) The father of the child is still under the assistance of his parents. No work yet and helps on their eatery business. If the father of the child did not agree to have an amicable settlement over this matter and if the child is illegitimate, can I adopt the child? We want him to be legitimate. I am married, on legal age. Me and my husband have a job and it is just fine with him if we are going to adopt my nephew since we do not have a child yet and we really love my nephew. That is why it is hard for us not to see him.

I hope you can enlighten me on this as the father is firm not to let the child visit my parents.
Thank you.

What did your lawyer say?

The child is illegitimate as he was born out of wedlock!
The father has custodial right considering he recognized the child as his and the mother did placed the father's name in the birth certificate;

It would be different if the child was not recognized by the father!

The grandparents can asked the court for visitation right!

The child illegitimacy is immaterial in the matter of adoption! For you to be able to adopt the child, you need a written waiver from the biological father that he has no means to support the child!

Cynthiavilla wrote:

The child illegitimacy is immaterial in the matter of adoption! For you to be able to adopt the child, you need a written waiver from the biological father that he has no means to support the child!


And it can get a lot more complicated.  The court must also BELIEVE that he cannot support the child, as the courts want to be sure children are not being sold.

Just go to court to ask for visitation rights for your parents!

Hello ghelai and welcome to Expat.com!

Not sure how we can help you here, as we are an expatriation web based community. Maybe you should seek legal advice from a lawyer so as to know the best way to proceed.

So sorry for you and your family, but the best thing you could do is ask advice from a lawyer.

Regards
Kenjee
Expat.com Team