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    zenki_v33's Avatar
    zenki_v33 Posts: 1, Reputation: 1
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    #1

    Jun 10, 2010, 10:44 PM
    Abandonment ground in the philippines
    What could be a ground for abandonment? Is there any length of time to say that it is crime of abandonment? And is there any ground to make a traveler to stop to travel in this case or in any case?
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #2

    Jun 11, 2010, 09:50 AM
    I am not so aware of the law of Philippines but I read it:
    CHILD & YOUTH WELFARE CODE OF THE PHILIPPINES

    Art. 17. Joint Parental Authority. - The father and mother shall exercise jointly just and reasonable parental authority and responsibility over their legitimate or adopted children. In case of disagreement, the father's decision shall prevail unless there is a judicial order to the contrary.

    In case of the absence or death of either parent, the present or surviving parent shall continue to exercise parental authority over such children, unless in case of the surviving parent's remarriage, the court, for justifiable reasons, appoints another person as guardian.

    In case of separation of his parents, no child under five years of age shall be separated from his mother unless the court finds compelling reasons to do so.

    Art. 59. Crimes. - Criminal liability shall attach to any parent who:

    (1) Conceals or abandons the child with intent to make such child lose his civil status.

    (2) Abandons the child under such circumstances as to deprive him of the love, care and protection he needs.

    (3) Sells or abandons the child to another person for valuable consideration.

    (4) Neglects the child by not giving him the education which the family's station in life and financial conditions permit.

    (5) Fails or refuses, without justifiable grounds, to enroll the child as required by Article 72.

    Rt. 60. Penalty. - The act mentioned in the preceding article shall be punishable with imprisonment from two or six months or a fine not exceeding five hundred pesos, or both, at the discretion of the Court, unless a higher penalty is provided for in the Revised Penal Code or special laws, without prejudice to actions for the involuntary commitment of the child under Title VIII of this Code.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 11, 2010, 10:04 AM

    And please explain who the "traveler" is, and where are they traveling and what is going to stop them, and how this is related to the issues at hand.

    Is the couple married, divorced, are there custody agreements in place?
    singnfisherman's Avatar
    singnfisherman Posts: 1, Reputation: 1
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    #4

    Aug 3, 2011, 06:09 PM
    I'm an american with a four year old child by a filipina. I had just discovered that the mother gave our daughter away. I have located my daughter, but as of yet haven't been able to locate the mother. What are my rights in getting my daughter back, and legal custody of her. Any advice will be greatly helpful. Because the DSWD here in the Philippines haven't been much help thus far. Please contact me at [email protected] with any suggestions.
    Dodz's Avatar
    Dodz Posts: 1, Reputation: 1
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    #5

    Jun 29, 2012, 04:22 AM
    My question is:

    What is the minimum length of period the wife can file an abandonment to his husband? An instance, husband just sent an amount support to his kids just 5 months ago. Is this ground for filing an abandonment by wife?

    If a wife file an petition to his husband which is an OFW, is there any reason to hold the husband in any point of exit in the philippines if he comes back?

    Can wife force the husband by using an attorney to give support by a declared amount to which wife knows the amount of salary that the husband receiving monthly?

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