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TOPIC: Father's rights over illegitimate child

Father's rights over illegitimate child 4 years 3 days ago #15804

  • Sen S.
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Hi,

Would like to inquire about my brother's case. My brother had a relationship before and eventually they got separated. They were never married and they had a child who is now 2yrs old. The child bears the surname of the father as it appears on the birth certificate. The father fully recognize the child as his. He was able to see his son from a distance since they are neighbors but the mother won't allow him to go near the child.
With this, I would earnestly like to seek advice on the following queries:

1. Can the mother change the surname of the Child by omitting the Father's surname and replace it with hers?
2. Does the mother have the right to deprive the father of his son? By not allowing the father to be with the child?
3. Are there any grounds that the mother can file against my brother to deprive him of child visitation as I understand that the custody of the child should always be with the mother?

Thank you so much. Hoping for your reply.
Last Edit: 4 years 3 days ago by Sen S..
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Father's rights over illegitimate child 3 years 7 months ago #16421

  • Atty. Libayan
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1. No if for the simple reason that she just wants to change it. However, if the reason is provided for by the rules 108 and 103, yes.

2. No, but the mother has sole custody of the child. Every action should be based on the best interest of the child.

3. Because they are not married, the custody of the child is always with the mother.
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