Family Lawyer

Where?

    Can anyone recommend a good family lawyer for a newborn custody?
thanks you
   

    -@G_Luca

Welcome to the forum mate, enjoy and read. google also.

A good family lawyer/attorney here?,  choking. How much do you want to spend as well as the years involved?

OMO.

Cheers, Steve.

@bigpearl

I am italian, in Philippines since feew months, I know nobody and i not know where to start.

About the money, it depends, if I can win Wenders can spend. Do you have an average amount it may be needed?

Also, have you a name to propose?

Thank you

@Wingfat toledo, cebu island

@G_Luca  I can recommend a lawyer but she is located in Naga city, Bicol.

@G_Luca

I would do a Google search or Google maps like I had to. The normal rate is supposed to be 100 K acceptance fee and 5K every time they go to court. Some lawyers charge more being greedy in my opinion. The majority of them will never give you any assurance that you will win because they are trying to protect themselves. I personally had audio evidence of the mother threatening to break the bones of her own child and calling the child a piece of s**t . She also hit him with a metal hanger which i could not get a  video of. They also have that misplaced Filipino pride so it will be very hard to find a neighbor that will help you get evidence to harm another filipino. but money is a strong motovator for them. I am still trying in my case and I suggest that any man save his child. if you need any more advice don't hesitate to contact me 

fyi I believe the Filipino government are cooperating with a local law firm to go after child support from foreigners from different countries. This is if the news clip i read was real.

@G_Luca

Welcome to the forum.  Your post is missing so much info that, if filled in, could help to get clear answers.  Years ago, a fellow expat faced this topic and he allowed 5-6 beers to control his mouth and actions; resulting in about 30 hours in jail and a demand for P230K DP to start a 3-5 year estimated custody case against his ex GF.  He was not one to research first. 

Expats must get a basic understanding of the country laws prior to blindly hiring an attorney.  There is a chance that some attorneys here will make the case bigger and longer, with the filing of needless motions that are near impossible for the expat to win.

I will not ask more about your personal situation, but I will just list the following facts and questions:

• Have you established biological paternity or are you going on presumed fatherhood?
• If the foreign farther is not married to the local lady, Article 176 of the Family Code states that illegitimate children shall be under the parental authority of their mother
• In general, the Family Code of the Philippines generally favors the mother's custody for children under seven years of age
• Under Article 213, pay close attention to: “no child under seven years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise.”
• The code lists examples of reason where the mother will loose "parental authority and custody over the child" (be prepared to clearly understand the significance of parental authority vs custody, prior to engaging any attorney)
• The code includes "instances of neglect and abandonment, drug abuse, unemployment, failure of exercising parental duties, as well as leaving the child to the care of others permanently or otherwise, and regardless of intention."  Note: Prostitution and unfaithfulness to the husband is not allowed as grounds.
• Do you understand the certificate against forum shopping?
• Is there history of a Protection Order?
• Are you aware that there are some protections for fathers against abusive mothers under VAWC - RA 9262?
• Are you aware of or willing to learn about a "Motion Pendente Lite" (PDL), as this could be one of you most important actions?

As can be extracted from the above, any expat that fails to be prepared with these facts, will be at a costly disadvantage.  How does one proceed?

There are Philippine court cases that one may want to review to have a lay-person's grasp on how the system works here.  In the following listed cases, you may find similarities to your situation (YMMV):

• https://elibrary.judiciary.gov.ph/thebo … cs/1/64408
• https://www.icj.org/wp-content/uploads/ … ppines.pdf
• https://mb.com.ph/2023/02/09/fathers-no … -vawc-law/

Lastely, make yourself very aware of a "writ of habeas corpus" involving custody of minors here and do your reseach well.  Always be aware of super delays.....   There may come a time in this process where your attorney has to determine if he or she should file it in the regular court or the Family Court.  Some family courts are in such backlog that there may not be a fulltime presiding judge. 

Best of luck and I hope you find peace of mind along the way.

@G_Luca

I am in the same boat as you unless you're married to the other.

The Court cannot also subscribe to petitioners' contention that even if there are compelling reasons to separate Queenie from her mother, Renalyn, pursuant to the second paragraph of Article 213 of the Family Code, Ricky James would still not acquire custody over their daughter because there is no provision of law granting custody rights to an illegitimate father.[67]

In the event that Renalyn is found unfit or unsuitable to care for her daughter, Article 214 of the Family Code mandates that substitute parental authority shall be exercised by the surviving grandparent. However, the same Code further provides in Article 216 that "[i]n default of parents or judicially appointed guardian, the following persons shall exercise substitute parental authority over the child in the order indicated:"

@Calif-Native

Thank you for the information I was just about to get a lawyer but now that I see there's no chance of me getting custody unless the mother literally hands him to me.

FYI for those of you who did not get the news in February 2023. A law firm is teaming up to try to get child support from foreigners.

https://www.pna.gov.ph/articles/1194248

@Jason Mclaughlin

Please do not make a decision based on my post.  I am just advising that you look into the terms and legal issues that are here and gain a better understanding, prior to engaging an attorney.  On a separate topic, I was told by fellow veteran expats that I woud never get my 8 VA claims approved, so why try. 

Starting with my claims in November 2016, by October 2018, I had moved from zero service connected to 100% as a "Pro Se" veteran. Of course, my retaining all of my service records, coupled with deep research skills, were key.   I refused to get involved with any of the vet help organizations and just ignored the negative noise from fellow vets. 

I can't imagine me ever telling anyone to give up, especially with a precious little one involved.  Whatever your final decision, try to make sure you don't fall into any RA 9262 traps that some attempt here.  Document all go forward and "memorialize" all from the past.

@Calif-Native

I saw the terms thank you and they show that a father of a illegitimate child only have the right to support the child we do not have rights to make any decisions in the child's life. We cannot even get custody if the mother dies or is proven unfit. This is a terrible law that the Filipino people made because it will cause fathers not to want to be in the lives of their children. creating a whole lot of broken families which affects her whole country and that is why most of the Filipinos act so childish all the time. famous words of the filipino ” not all”. just 99.9999%

thanks for the advice about the RA 9262 law. Although I would never be violent towards woman but its good to know that Law. Because in my situation they have tried to get me angry.

I never could understand why so many Filipino men did not support their children they ran away. It's because of this law

Do you know of any way how to get evidence against them. I believe that they're both on drugs based on the way they're acting. I have family members on drugs and I know their actions. They are the same 

@Jason Mclaughlin

It sounds liike you have a very limited set of options.....  I do advise that you do all that you can to get the baby US Citizenship first.  It will be harder for you to be denied most rights if the baby has a US Passport and you are denied the right should the mom not be able in the future.  If you are able to get this done... DO NOT let anyone else hold or store the passport should you get to this point.  The child having the right to your surname is already covered under RA 9255.

There are steps you can consider that may cause the mom to be kinder.  I will give you one example that you should review and understand your options as you do this.

As an American, you can open a child bank account and limit the ability of when and whom may have excess.  If you were to do this and let it be known that you have such an account that only you control and contribute to each month, it can go a long way to prove you are providing for the future.....   a future in your home country.

• Do not disclose the amount you have, will have or deposit each month. 
• Do make it clear that you have not authorized the mother to have any rights or access
• That the child must have a SSN and come to the USA in order to get the money as an adult
• DO state that you will only continue do this if the child has a US Passport and SSN within one year from the time the account was opened

This fact could cause the mom to beg you to allow her to be on the account but this account will be in a US Bank, under US laws and she is not allowed, but you are allowed to do this in America.  Does this work?  YESSSSSS I have assisted an expat that did this!  Look into the details of a Wells Fargo Way2Save® Savings here: https://www.wellsfargo.com/savings-cds/way2save/

My point about 9262 is based on the lack of support element.  DO not disclose your income!!!  If a person sets up an account in the PI, they must be careful how it is controlled.  Just look at options there.....

OMO but the moral of the story? Wear gumboots and don't get married.

Good luck to the OP.

Cheers, Steve.

@Calif-Native

I will try that out thank you for your help. Of course in the Philippines there is always someone to give her bad advice. And someone is telling her not to give her child American citizenship.