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Dear Atty. Jeanie Pulido,
Dear Atty. Jeanie Pulido,
I have a daughter who will be turning 17mos old this
May 2nd. I and my daughter’s dad are not married. We were
having an affair then that led to an unexpected pregnancy. I thought
everything would be fine until he told me he can’t marry me
because he is not ready yet. I didn’t argue with him regarding
the issue instead I told him I’m not demanding him to marry
me because deep inside my heart I realize he didn’t love me
enough. He is single and 7 yrs my senior. He promised to help me
though.
During the early period of my pregnancy, I kept updating
him about my condition. When I moved to another place I also advised
him so he can have no reason why he can’t keep in touch. The
realization struck me hard when during mid period of my pregnancy
he is nowhere to be found. He change his mobile number and my calls
to his pad were unanswered. I presumed his change residence too
because the receptionist of his previous pad won’t entertain
me anymore. I give birth without his knowledge.
Early last year, our common friend informed me where
to locate my daughter’s dad due to my constant pleads. I didn’t
waste any time. I contacted him. During our phone conversations
and emails, he promises he will give support for our daughter for
a certain amount on a particular date in a month.
I want to provide what’s best for my daughter
and I need his support for this. He didn’t keep his word this
is the reason why I am inclined to seek legal assistance. The case
is now prepared and ready for filing.
I want to get a your opinion. My questions are:
1. His name is not stated in our daughter’s
birth certificate. Will this be a problem?
2. Our only communication aside from phone is email. Can email be
a form of evidence?
3. He made some deposits in my account as form of support for our
daughter. Can use it as evidence?
Attorney Pulido, will my case prosper?
Thank you and More Power.
Melanie Montes
Dear Melanie,
In as much as the name of the father of your child is not written
in her birth certificate, you must file a petition for recognition
of your child with prayer for support. You can very well explain
the circumstances why you did not indicate the name of the father
of your child in her birth certificate.
The email messages you exchanged with the father of your child wherein
you both talked about your daughter can be used as evidences of
his paternity of your daughter. Letters, cards and pictures of you
together can be used as evidences also to establish the existence
of a relationship between the two of you prior to the birth of your
child.
As for the deposits made to your account as financial support to
your daughter, go to your bank and ask for a statement of account
covering the period when the particular deposits were made. You
might be able to find some useful information as to the source of
the deposit. He might have issued a check in your name and deposited
the same to your account. The bottomline is you must do some checking
to establish that the money deposited to your account came from
him. If you could establish that, you can use such fact as additional
evidence of the existence of a relationship between the two of you,
after the birth of your child.
As to whether or not your case may prosper, it would depend on whether
you can present sufficient evidences to convince the court that
he is indeed the father of your child.
Thank you for visiting Femalebattle.net.
Very truly yours,
Website : www.philippineslegalservices.com
Email: jsplaw@philonline.com
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