If a child is born out of wedlock…
The child is considered under Philippine law as an illegitimate child.
And in which case…
The parental authority with the child rests with the mother.
Especially when such child is below 7 years of age.
So no matter how enthusiastic the father is to take his child abroad to be with his ‘new family’…
No matter how he emphasizes that he has the ‘means’…
To send the child to the finest schools…
To give the child a bright future abroad…
He cannot do so. The law won’t allow him.
The exceptions are…
If he can prove in court that the mother is irresponsible.
Or, If the mother herself gave a written consent for the child to be adopted into his biological father’s ‘new’ family.
Those are the only legal remedies where an illegitimate child can be under the parental authority of his or her father.
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