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Nov 28

The woman parent will be the one to file the support of the child. In fact, parties should not come to an agreement about filing the annulment petition. — Any relative, friend, or other person on behalf of a resident minor or incompetent who has no parent or lawful guardian, or the minor himself if fourteen years of age or over, may petition the court having jurisdiction for the appointment of a general guardian for the person or estate, or both, of such minor or incompetent. No descendant shall be compelled, in a criminal case, to testify against his parents and grandparents, except when such testimony is indispensable in a crime against the descendant or by one parent against the other. Parents as guardians. 2. The person obliged to give support must fulfill the obligation either by paying the allowance fixed or by maintaining or receiving in the family dwelling the person who has a right to receive support. Section 8. If the child is below 7 years old, the custody will be given automatically to the mother. 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. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. The woman parent will be the one to file the support of the child. Simply put, for a child to within this age bracket (and for commonsensical reasons), the law decides for the separated or divorced parents how best to take care of the child and that is to give custody to the separated mother. When it comes to child support, Articles 195 and 196 of the Family Code enumerate the people who are under obligation to support each other: (2) Legitimate ascendants and descendants; (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter; (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and, (5) Legitimate brothers and sisters, whether of full or half-blood (291a). xxx” (Emphasis supplied) Articles 214 and 216 of the Family Code speak clearly of situations when grandparents can exercise substitute parental authority over their grandchildren: Whenever the appointment of a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed. There are three conditions that must be met for the husband to initiate Lian: • The marriage must be valid and there should be witnesses when the marriage was solemnized. 212. The action for the recognition of natural children may be brought only during the lifetime of the presumed parents, except in the following cases:(1) If the father or mother died during the minority of the child, in which case the latter may file the action before the expiration of four years from the attainment of his majority;(2) If after the death of the father or of the mother a document should appear of which nothing had been heard and in which either or both parents recognize the child.In this case, the action must be commenced within four years from the finding of the document. For minor children, they are definitely entitled to parental support. In case of absence or death of either parent, the parent present shall continue exercising parental authority. “Upon separation of the spouses, the mother takes sole custody under the law if the child is below seven years old and any agreement to the contrary is void. (311a), Art. Bond to be given before issuance of letters. After the psychological evaluation, drafting and filing of petition will follow. Criteria for Support. — Guardianship of a person or estate of a minor or incompetent may be instituted in the Court of First Instance of the province, or in the justice of the peace court of the municipality, or in the municipal court chartered city where the minor or incompetent persons resides, and if he resides in a foreign country, in the Court of First Instance of the province wherein his property or the party thereof is situated; provided, however, that where the value of the property of such minor or incompetent exceeds that jurisdiction of the justice of the peace or municipal court, the proceedings shall be instituted in the Court of First Instance. No child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise. For the illegitimate children to establish relationship with their biological parent, they need to have the same evidence as the legitimate children. Child support and custody are common issues that parents face. From the eight year until the child’s emancipation, the law gives the separated parents freedom, subject to the usual contractual limitations, to agree on custody regimes they see fit to adopt. Art. Under Article 203 of the Family Code, the obligation to provide support becomes demandable from the time the individual who has a right to receive support needs it for maintenance. According to Article 176 of the Philippine Family Code, a child is considered illegitimate if the child is born out of wedlock, and in such cases, the parental authority and custody of the child fall on the mother. Where to institute proceedings. “Section 4. An officer of the Federal Administration of the United States in the Philippines may also file a petition in favor of a ward thereof, and the Director of Health, in favor of an insane person who should be hospitalized, or in favor of an isolated leper. Regardless of the marriage status, the father's support should be considered as compulsory. (d) Critical incidence stress debriefing which includes preventive stress management strategy designed to assist solo parents in coping with crisis situations and cases of abuse.

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