Helping my friend see his child
By iamnumbed
@iamnumbed (164)
Philippines
January 20, 2007 7:44pm CST
I have a friend who needs some help. His ex girlfriend recently gave birth to their daughter, however, she (and her family) won't let him see their child. Their split up was not a nice one. At first, the girl didn't want to have the kid. They had a verbal agreement that after giving birth, the child would be under his custody. During that time, the girl even said to tell the kid her mom died, if the kid asked who her mom is.
Now that she has given birth, she does not want to give up the kid. And i guess I know where she's coming from. My friend does not want to take their kid away from her. All he wants is to know the child and spend time with her.
We need some advice on how to go through this. We do not know any lawyer who can help us regarding this matter. Any help will be greatly appreciated.
9 people like this
43 responses
@wrdsofwisdm (1069)
• United States
21 Jan 07
Is his name on the birth certificate...has he taken a paternity test? He needs that as proof to make his case for "joint custody" and is she filing for child support? If she is, she pretty much has to allow him visitation. If she refuses he will have to get a lawyer. If he has a clean record: no charges for battery or violence, he's got a really good shot. He has to show he's stable and working so the judge rules in his favor. He needs to find out why she won't let him see the baby. If it goes to court, then he'll have a heads up on what she's going to say. What about his parents...have they talked to her parents? I would think they want to see their grandchild as well.
2 people like this
@iamnumbed (164)
• Philippines
22 Jan 07
unfortunately, his name is not on the birth certificate. he has a stable job and he can support the baby if the mother allows it. they're pretty much in the compromising stage right now. i hope everything works out well so he wont have to resort to court.
1 person likes this
@wrdsofwisdm (1069)
• United States
23 Jan 07
I would urge your friend to at least do the paternity test. That might even show her that he is serious about seeing the baby and she'll think that it's a good idea to let him be a part of the child's life.
1 person likes this
@Darkwing (21583)
•
21 Jan 07
This is quite a difficult situation because she's going to deny that your friend is the father, and he's going to have to go through all the rigmerole of proving he is, and even then, he can't guarantee getting access.
Anyhow, I would think that the best way round it... he should speak to a counsellor first, get advice and then act on it, I would think. But, it could take a very long time in that the child and the father will have to have DNA testing, and the mother could refuse, still, to allow the child to undergo that at such a young age.
I wish your friend luck in resolving this, but would advise seeking the advice of a counsellor, at somewhere like the Citizens' Advice Bureau, or its equivalent, depending where you live.
@iamnumbed (164)
• Philippines
21 Jan 07
i really appreciate your response. we need all the help we can get. i am actually encouraging him to talk to the girl and maybe try to compromise. i am really hoping that they sort it out without having to go through court since it will save them not only money but from the emotional stress as well.
we are from the philippines and we dont have an idea where we can go to for advise. he's a real good guy and im hoping everything turns out well.
@Darkwing (21583)
•
21 Jan 07
Yes, I agree with your comment about talking to each other and trying to come to a compromise which will not only save them money but a lot of emotional stress as well, but it sounds to me as though she is now afraid of losing the child, owing to her previous verbal agreement.
I hope it does all work out for them, and that the child gets to have a happy relationship with them both.
If you can't find anywhere which will help, should your friend find talking with the mother hopeless, there is a web site where you can seek a lawyer in the Phillipines... follow this URL.
http://www.helplinelaw.com/lawyers/philippines
I hope you can find some help there. If not, please paste a comment and I'll search further for you.
Good luck. :-)
1 person likes this
@wjcheng (48)
• United States
21 Jan 07
This is common to Asian woman when the boy friend or husband f__king around with other women. Is your friend did that to this young mom? Tell him not to f__king around with other women, be loyal to the mom and that's also be responsible to the new born.
Bring all the resource to her and the new born and be responsible; I don't see why the mom would not admit the father of the new born ...
@magdollars23 (1684)
• United States
22 Jan 07
Plain and simple the best way to handle this is to go to court. You dont need a lawyer to take her to court for custody. It is illegal for her to not allow him to see his child unless he is abusive but from your description it doesnt sound like he is. They even have programs where she can drop the child off and he can come and pick the child up so that the two parents dont even have to see each other, but that is not right for her to keep the child away and not only that as I said it is illegal.
1 person likes this
@wjcheng (48)
• United States
22 Jan 07
This is better than cost a lot to get a lawyer showing how to kill the other party without sword...
But, once the case in the hands of court, you will have endless "follow ups" ...
One day Patti McKenzie told me all the homeless families she helped at Williamsburg VA can NOT relocate to, say, Hazleton PA, where furnished room cost only $170 a month because many of them "can NOT move out of state". So, she said Williamsburg VA is expensive, then these families can NOT afford, yet can NOT relocate out of state to where it is cheaper to live.
I tell you why? Once your friend go to court to "tie up" his daughter's mom; he himself will be "tied up" by the court as well. For example, one day he lost his job, say, in VA and got a job at PA, he will NOT be able to relocate over to PA. He and his wife would be both tied up to the state, and can NOT leave. This is true for the daughter's mom.
How can she raise his daughter? She may need a job and work, but what if she lost job and got a job out of state, she will NOT be able to take, she can NOT leave the state due to your court order so that you can visit your daughter.
Now, you understand, the better way to "resolve" is to resolve privately, NO lawyer, no court order. and that take time and patiences ...
In Physics he and his daugher has a bond, and the daughter has another one with her mother, and each will have a job with a tie to the company, then the freedom has reduced tremendously. Then you want to have more tie on court on other things? Your friends will sure to regret later.
Many can just show you a tip for now but can not tell you what would happen years later ... but give Patti McKenzie a call ... http://www.thehomelessinwilliamsburg.blogspot.com/ She has lots of cases in hand and may be able to tell you.
BETTER NOT FIGHT! Try to be patient and work in a soft way and find a compromise and get both party happy ...
@kawillow74 (1416)
• United States
22 Jan 07
Well most of us woman know after you have your child it is a unbleiveable love I know I have never knew it so that could be the change of mind. But he does have rights he can make her a a perternary test and then his rights will kick in. I wish him luck.
@jbones32103 (717)
• United States
21 Jan 07
I don't know where you live. All I do know is about Mississippi or Tennessee affairs. First of all, he can hire an attorney dealing with child custody or visitation rights. You call them and ask what is the retainer fee first for such a case. All parents have rights. We are going through this now. You will have to take the girl to court to get whatever. It has to be court ordered or she can
get a restaining order on him which wouldn't be nice. Be careful about picking attorneys. They can be tricky. If you live in one of the two states I have mentioned, I know several great attorneys who you can trust.
1 person likes this
@iamnumbed (164)
• Philippines
21 Jan 07
we are from the Philippines. I am trying to search the web right now for possible options.
@wjcheng (48)
• United States
21 Jan 07
Again, getting a lawyer is not a good idea, very costly, and make both party fight, and fight very very hard! You know, once you get a lawyer, lawyer will tell you NOT TO COMMUNITCATE with the other parties, their friends, relatives ... The more isolation, the more misunderstanding going to create ...
And you also mentioned that "not too many lawyers are good" and watch out. They often want to you fight as hard as possible so that you will have to pay them for MORE TIME and MORE money ...
@nhingneng (131)
• Philippines
21 Jan 07
being a new father he must really be longing for his new baby and being a mom think she's afraid of losing her child because of the bad relationship with your friend. though she commit to give the child to his father she only said it because she hasn't seen her child until she gave birth and felt that she's now a mother.
maybe she just needs time to think what is best for her and the baby that's why she's not communicating with your friend give her time until she's ready to talk.
1 person likes this
@iamnumbed (164)
• Philippines
22 Jan 07
he did help pay the bill. even before she gave birth, he was already saving.
@sanell (2112)
• United States
21 Jan 07
he has rights to see his kid, I think he needs to just head to her home and explain that he will not look to take the kid away but that he does want to see his daughter. if they continue to refuse then I hate to say it but he may want to seek legal advice, perhaps through legal aid or something, meaning he can get some legal advice without having to pay for an attorney.
@wjcheng (48)
• United States
21 Jan 07
This is good advise, but, instead just visit, bring diapers, bring child food, milk and, say, $1,000 cash to the young mom. As a father, your friend has missed full year of responsibility, and bring up the sincere to want to pay for the hospital cost of "HIS DAUGHTER"!!! If he claims, she is her daughter, why let someone else to pay for the hospital cost?
@jolanda33 (720)
• Netherlands
21 Jan 07
i think he needs to talk to her first!
i think at the moment she held her baby she didn't want to give it up anymore. that is ok, she needs a little time to handle things. May be he can agree to see his baby once a month in the beginning, and if he pays some childsupport she may be agree with it. if this goes ok he can try to see his kid twice a month, first he has to build up his friendship and trust again. if it don't work at all then i see no other then find a good lawyer!
1 person likes this
@wjcheng (48)
• United States
21 Jan 07
This is good and it should work, except that I believe that his friend has NO direct channel to "talk to her" right now. But money will talk, send her $1,000 with a sincere letter wishing to see the daughter; it should open the door of communications again ... why give the money to lawyer who will teach you to fight?
@nanands (122)
• India
21 Jan 07
Considering you are in Philipines, can you approach an elder from their family and request him to intercede on your behalf. You could even approach a social worker or any organisation which has been created to help children. I suspect that the young mother is extremely angry and elders advice could help resolve the matter. You could try to approach the girl's former teacher.
1 person likes this
@HighPriestess (739)
• Melbourne, Florida
21 Jan 07
This is always hard. That child chose both it's parents, and should not be denied access to either of them. It doesn't matter how the parents feel about each other. What matters is the child. And the child will love it's mother and father no matter what. I don't think people should use their children as pawns in their drama games, it's a shame and the only one who gets hurt in the end is the child.
1 person likes this
@wjcheng (48)
• United States
22 Jan 07
Very true. So, you really need to tell your friend, be patient, and consult parents or relatives, and support mother and baby the way anyone could have support their wife and baby.
Imagine if he had married with the poor woman and now had a new baby, what would he do? Buy diaper? then go buy diapers, buy milk? then go buy milk, pay hospital bills? then go pay hospital bills. So, do whatever a father should do to the mom and baby.
And, set up a mutual fund and deposit several thousands for the newly born daughter every year for her college tuition.
And of course start seeing other women and don't sleep with other women. Imagine you are the father with new born, you need to spend all your leisure time to take care the mother and baby ...
@nic073 (70)
• Philippines
22 Jan 07
im a single mom and my boyfriend and i have serious fights most of the time, sometimes we break up and then, get back together. i've always threatened him that if we ever fight again he won't see the kid but honestly, that's not right. If he os the biological father then, he has the legal right to see and be with his child. the mom is in full conrtol though according to the law if the parents of the child are not married, then the kid belongs to the mom. you can search through the internet like yahoo, some family codes or laws that can apply to your friends situation.
1 person likes this
@wjcheng (48)
• United States
22 Jan 07
That's why your friend really need to act in a "soft" way to reappeal the heart of his daughter's mom, and, as I said, paying of the hospital bill for the mom is first step, and behave like a father as if there is a marriage ... then everything will come natural ...
There is a famous Chinese proverb saying "Poor couple has sadness in most of things". So, why fight? One said, "Hun, lets go McDonald tonight so that you have a break, no cooking tonight", but the wife would be yelling back "Do you know we do not have money to pay electric bill?" So... start fighting ...
@vityota (878)
• India
21 Jan 07
according to law a just born child has to be with the mother and after a certain age only the child is allowed to decide as to whom he wants to stay with... all you have to do is get a lwayer and file for the custody and allow the father to come once in a while to see the child
@wjcheng (48)
• United States
22 Jan 07
This is true, but try to do it without lawyer ... Again, lawyer is not a good tool to your daughter's mom.
If you need to fight with company, then, go ahead to hire a lawyer... Lawyer is good to use to fight with organizations, companies, government agency ...etc. but NOT to your loved family members ...
@trigunvamp (10)
• United States
21 Jan 07
Well granted you don't want to use lawyers, but it might be best to go talk to some. Nothing says you have to hire them. Ask their opinion and maybe go to the local court house and if there's something like a child support division, talk to them as well.
@wjcheng (48)
• United States
21 Jan 07
True, but be careful. When you talk to a lawyer, they, by profession, assuming the "worst nature" of human, and then because they assume the "worst nature", they will encourage you to fight! You need to see if you can just find out your legal rights, but may be talk to your pastor, parents, or teachers ... who would be more likely to show you tips based on the assumption that human beings are in general nice with good heart ...
@shashi_233748 (56)
• India
21 Jan 07
tell ur freind to marry with his girl friend because in this he can save three lifes.
@wjcheng (48)
• United States
21 Jan 07
True. This is also a good one if the trust can be recovered, or at least to the welfare of the daugher. On the other hand, not sure if your friend having other girl friends ...
It is hard to find good match for some men, but it is also hard for some other men to get rid of too many girls ... A girl could hate your friend so much; that also implies she loved your friend so much ...
My advise is do not have s_x with a girl who love you so much before married, because, she could hate the same amount or even more if you do not know how to deal with the relationship ... but it seems too late for your friend.
Some men can not tolerate their wives or girl friends to have s_x with other man, and this seems to be true for some women...
@wahmoftwo (1296)
• United States
21 Jan 07
You have no options unless you go to court. Tell your friend to get a job and save his money for that baby and a lawyer. I'm sorry I can't offer you any better advise, but I don't think there is any other option unless he can talk some sense into the child's mother. Good luck.
@iamnumbed (164)
• Philippines
22 Jan 07
i aree that it is not that a good idea to go to court. we just want to know what his options are just in case it doesnt work when they try to talk. were hoping for the best.
@wjcheng (48)
• United States
21 Jan 07
Your advise is half way correct. True. tell your friend to get a job (well, most Asian always get a job, some work on one or two extra part time jobs in addition to full time) and make money for the baby and also for the mom (think about this, the mom is his beloved girl friends and now has full time job has to raise the baby your friend claimed to love) So, he need to work very hard and send her a check for TWO people's living expense to be called a "responsible father". Hey! when a father is NOT responsible, we do NOT call him a father, if you are Asian, you know it better than most Americans ...
My sister loves my mom, so she hire a housekeeper to take care my mom and she pay all the cost. So, your friend should starting thinking if he love the baby, he should at least think of hire a baby sister to take care the baby ...
The other half part is wrong is suggest a lawyer to fight! That's terrible ...
@locolady (374)
• Canada
21 Jan 07
Get a laywer,,, We are going through the same thing almost other them the child in question is 8 yrs old,he(my hubby of 5 yrs)was married had this child,they split,she has the child ,we have been in court now for almost two yrs now because when my hubby got laid off we went and applied for a support reduction because of the lay off and we haven't seen or heard from his daughter since oct.2005,and the courts won't do nothing even though the support is paid up in full and always has been,they won't do nothing about her withholding the child from us-which makes it hard because I have two children involved in this family relationship as well- best of luck to you..
@wjcheng (48)
• United States
21 Jan 07
This is good example. Tell your friend be very careful! In this country, marriage is NOT real, more or less is a paper, until there is a kid born. That's when there is no kid, marriage does not mean anything, and many Americans they live together, married or not they do not care.
But, once has a baby, the "marrige" become so real and "divorce" is NEVER really divorced. the kid will tie the relationship for many bad years to come, visitation, child support ...etc.
So, if your friend has decided to "divorced her", he should not bother to visit the baby since that will imply "endless relationship" with the mom. Of course, if he would like to have that relationship, he better just marry her.
If he already have more than one woman, that's is called "One Leg on two boats" in Chinese, he better think twice. Claim a baby also means "child support" for up to 18 years old ...
@iamnumbed (164)
• Philippines
22 Jan 07
i definitely agree. i think they are making some progress. they talked earlier and she showed her the baby. although he's still not allowed to go to the house and visit the baby regularly, i think that is some positive proress. one step at a time. thank you for your response.
@wjcheng (48)
• United States
21 Jan 07
Again, any suggest with lawyer is no good, that lawyers in this country already make too much money. And, most young people fight too much normally due to no resources, and going to lawyer is either unaffordable or will take of the last resources from the couple ... Be very careful when making suggestion like this.
It would be great if you said "Oh! you can use my lawyer and I will pay for all the cost!" Otherwise, that suggestion is going to kill the couple resources wise ... and leave little to the new born daughter they both love... How do you think?
@yorb24 (2179)
• United States
21 Jan 07
Okay I see you live in the Philippines. If you cannot consult a lawyer on this, have you tried checking exactly what the laws are on the internet? You don't have to pay for that. When you do find out and if it is in his favor, let her know and see how she reacts. Also here in the states, a father can go to court to see his child. My brother's friend recently did this and he didn't need a lawyer representing him. Your friend has to find out his rights first before he can proceed with what he wants to do.
@Foxxee (3651)
• United States
21 Jan 07
If he wasn't there for the birth of the child, his name probably isn't on the birth certificate. Right?
If this is correct then he is going to have a hard time because she could deny it and also deny him from a DNA testing.
But, he needs to still try. Have him call up a lawyer because he will need one and go from there.
He can also contact any Welfare system and ask for help on this and demand that he wants a DNA test.
Because without a DNA test he can't do anything at all.
But he can demand a DNA testing. Contact someone from the state system and get started on it.
A father has rights as well.
But if the DNA test comes out he isn't the father then he will be stuck with all the bills from this whole situation from the DNA testing/Lawyer fees.
Good luck..
@ajinomoto23 (1057)
• Philippines
21 Jan 07
I had many experience about women while pregnant wants to give away the child because of difficult situation she is in. But when she saw her own child and begins to feel the love as a mother surely she does not want to give the child away. I had helped many women undergo such a trauma. Maybe the women does not feel that the man cannot be a good father either. Time will show that they are not meant for each other. Both has to move on with their life. The baby is under the care of the mother, she has all the rights to keep the child. Financial support can come from the father.