The child is illegitimate, so that, in accordance with section 176 of the family code, exclusive parental authority belongs to the mother. The social services you refer to (which I mean as a SWD in the city or city) cannot dictate to the mother what to do with the child. If the mother wishes to move her residence to another location, she is free to do so without fear of losing custody of her child. Only our family courts can remove custody of your cousin or terminate his parental authority. Please note that in the Silva case, which I discussed in this position, the father was granted access to the court. But despite this right of access, this did not prevent the mother from immigrating with the children to another country. Her cousin may refuse this agreement, which she signed with the SWD, if she was forced (forced) to sign it, or if she was not fully informed that she agreed. Your cousin can ask for help from the following authorities or authorities. The addresses are for Metro Manila, but you can try contacting your regional offices (especially the NBI).
Department of Social Welfare and Development (DSWD) Crisis Intervention Unit (CIU) Rehabilitation Unit Tel. N.: (02) 734-8635 NCR Ugnayang Pag-asa, Legarda, Manila Tel: (02) 734-8617 to 18Philippine National Police (PNP) Women and Children`s Concern Division (WCCD) Tel: (02) 723-0401 loc. 3480 Call or text 117 (PATROL 117) National Bureau of Investigation (NBI) Violence Against Women and Children`s Desk (VAWCD) Tel: (02) 523-8231 loc. 3403DOJ Public Attorney`s Office Women`s Desk Tel. 929-9436 to 37 Yes. The court, in its order, to the parent or parents who do not remain at large, provides appropriate access rights for temporary custody, unless the court finds that these parents or parents are unsuitable or disqualified. To bring a custody issue to the Domestic Relations/Family Court, the left-hand parent will need the assistance of a lawyer authorized to practice in the Philippines. A custodial parent, who has been handed down by the U.S. courts, must therefore retain local legal assistance in the Philippines to ask the Philippine courts for recognition and enforcement of the U.S. decree or to invoke the writing of the Habeas Corpus.
Although the Philippine civil code does not explicitly specify access rights for non-liberal parents, court decisions often provide for access rights for non-free parents. Anne,As far as custody is concerned, it will be very difficult for your husband to win such a lawsuit against the woman (considering that the children are illegitimate). Please read my articles on child custody disputes (search for links in the sidebar) and the Supreme Court of Tonog v. CA, No. 122906, February 7, 2002. Since you (and your husband) will be out of the country because of your respective jobs, the court will take this fact against your husband. Please read the decision of the Supreme Court of Vancil v. Belmes, G.R.
132223, June 19, 2001. Applying for access is a much better option. However, please note that your husband`s visitation rights are personal. You or your husband`s family cannot exercise this right for him. In other words, if your husband works abroad, you or his family cannot insist that the children visit you. (Please note that this woman can also submit 9262 cases against your husband. Please read my RA 9262 messages.) Your husband can act proactively by filing a petition to properly establish the terms of his visit, as well as a request to the court to determine the amount of financial assistance he must grant. Our courts are not only courts, but also justice.
Your husband may ask the court to order the DSWD in your city or city to visit the children and check their welfare from time to time. Your husband`s lawyer can ask the court to hold the hearings if he is here in the Philippines (the lawyer can also use the so-called discovery type) to expedite the hearings.