Parental Rights And Adoption

Summary

Foster care in the Philippines is a temporary arrangement and does not equate to legal adoption. Legal parental rights require formal adoption procedures, including a court-issued adoption decree. If a biological fathers name is not on the birth certificate, he may not have automatic rights. A court order stating a father has no rights to a child might indicate no legal adoption occurred. Consult a local family law attorney for specific advice.

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The child file a rape case that he did not do and got dismissed because the child said the truth that his father did not do anything and the father have valid documents of his file case. And, the foster father have a affidavit that he gave the child to the original parents and he will no longer disturb them. So, it means that his foster father has no right anymore to her once it get back to the original parents and even if she have a birth certificate? The father doesn't want the child anymore and he gave the child back as free will. So, the foster father is no longer his father and mother?
I understand you're asking about parental rights in a complex situation. In Metro Manila, here are a few points:
- Parental rights may change with legal adoption or foster care.
- Even if the biological father doesn't want the child, legal procedures must be followed.
- The foster father's rights depend on the terms of the affidavit and any court orders.
Please consult a local family law attorney for advice tailored to your situation.
But the father have valid documents and he said that he didn't put his name on the child birth certificate only her mother of the wife of his foster father
I understand the complexity of your situation. Here are some points regarding your issue:
- If the biological father's name is not on the birth certificate, he may not have legal rights.
- The foster father's rights depend on the terms of the affidavit.
- You may need to initiate a paternity case for the biological father.
It is advisable to consult a local family law attorney.
If the father didn't put his name on the birth certificate so doesn
't he have any rights to the child?
In the Philippines, here are some points to consider:
- If the father's name is not on the birth certificate, he may not have automatic parental rights.
- To acquire rights, the father may need to acknowledge paternity.
- The foster father's rights depend on the terms of the affidavit.
- Consult a local family law attorney for detailed advice.
affidavit of desistance means?
An Affidavit of Desistance is a legal document in the Philippines where a complainant states they no longer wish to pursue the case. However, withdrawal of the case depends on the discretion of the court. It's advisable to consult a local attorney for more details.
But the judge said to the foster father that he has no right anymore to the child and * meters away from the child no visitation, no talking or they might file a case against it. So, it doesn't mean that the foster father doesn't have legal documents that this child is adopted?
If the judge has ordered that the foster father has no rights over the child, it suggests that the legal relationship may have been severed. However, this doesn't mean the child wasn't legally adopted. Adoption and foster care are different. Adoption creates a permanent legal relationship, while foster care is temporary. Please consult a family law attorney for specific advice.
so foster mean does'nt undergo legal adoption?
Yes, that's correct. Foster care is a temporary arrangement, typically by the state, for children who cannot live with their biological parents. The foster parents do not have the same legal rights as adoptive parents. Adoption, on the other hand, is a legally binding process that permanently changes the guardianship of a child from the biological parents to the adoptive parents.
but the mother signed and father did not signed. So, it means only the mother will have right to that child?
In the Philippines:
- If only the mother signed the adoption papers, she may have sole rights.
- However, if the father didn't sign but didn't formally object, it may not affect the adoption.
- It's best to consult a local attorney for advice on your specific situation.
the father said that he didn't signed anything documents for that child. So, it means he and the child have no rights to each other?
In the Philippines, if the father did not sign any documents acknowledging the child, including the birth certificate, he may not have automatic rights. However, he can establish these rights by acknowledging paternity. Consult a local family law attorney for advice.
so foster mean does'nt undergo legal adoption? and the birth certificate of the child is her original parents?
Yes, foster care does not involve legal adoption. The child's birth certificate usually remains in the name of the biological parents unless a legal adoption occurs, which would require a formal process to change the birth certificate. Please consult a local family law attorney for more specific advice.
so the foster parent doesn't have rights to the birth certificate of the child?
In general, foster parents do not have rights to the child's birth certificate. Only the legal parents or guardians typically have that right. However, local laws may vary, so please consult a local family law attorney for more specific advice.
if the foster father died. The child wanted to claim the property of his foster father but the foster parent have latest family with biological children and a common law spouse. So, who will get the property of that person died?
In the Philippines, here are some points regarding inheritance:
- Biological children and legally recognized spouse have primary rights.
- If a foster child is not legally adopted, they generally have no rights to inheritance.
- It's advisable to consult a local family law attorney for advice.
if the father died. The foster daughter wanted to claim the property of his foster father but his foster father have already a latest family with biological children and a common law spouse. So, who will get the property of that person died?
In the Philippines, when an individual dies:
- The legal spouse and biological children are the primary heirs.
- Foster children not legally adopted typically have no inheritance rights.
- The distribution of assets depends on whether there's a valid will.
- Please consult a local family law attorney for specific advice.
what if the property got already purchased already by someone. the foster daughter can have a property or half of the property back?
In the Philippines, if the property has already been sold to someone else, it's unlikely that the foster child can reclaim it or any portion of it, especially if they weren't legally adopted. Please consult a local property law attorney for advice.
The RTC law said to the father that he has no right to the child and said that he should be away to the child * meters because the father has no right. So, doesn't mean that the father has no legal evidence if the judge said that he has no right to the child?
Can you clarify whether the judge's decision is based on a restraining order, or if it's a result of a decision in a custody or parental rights case? This could impact the father's legal standing.
The RTC law said to the father that he has no right to the child who file against to him a rape case and said that he should be away to the child * meters because the father has no right and the child in the document is foster daughter. So, doesn't mean that the father has no legal evidence of adoption, if the judge said that he has no right to the child?
In the Philippines:
- A court order stating a father has no rights to a child might indicate no legal adoption occurred.
- The distance restriction could be part of a protective order.
- Legal evidence of adoption would typically be a court-issued adoption decree.
Please consult a local family law attorney for specific advice.
So, if the document is foster daughter means no legal adoption occur?
Yes, typically when a child is referred to as a "foster child," it means that no legal adoption has taken place. Adoption would legally change the child's parents, while foster care is a temporary arrangement. In the Philippines, if a legal adoption occurred, there should be a court-issued adoption decree. Consult with a local family law attorney for specific advice.