Petition For Visitation Rights - Gagnon
Petition For Visitation Rights - Gagnon
Petition For Visitation Rights - Gagnon
3. That both parties had been, for several years, conducting themselves
as common law husband and wife and thereafter in 2011 begot a child
named CHOLE RYSSE DELA CRUZ GAGNO.
8. That since then, Petitioner did not fail and continued to support his
daughter by sending money to Respondent after their separation.
10. It is a moral and legal duty of a parent to support, care and rear his
children for civic consciousness, efficiency and the development of their
moral, mental and physical character and well-being as stated in Article 209
in relation to Article 220 of the Family Code. This includes love, affection,
companionship and understanding that can only be exercised under parental
authority each of the child’s parent.
11. Although it is provided under Article 176 of the Family Code, that an
illegitimate child is under the exclusive parental supervision of the mother
and shall be entitled for support. In this case, Chloe was born out of wedlock
therefore considered as an illegitimate child of the parties. There being only
six (6) years old, the custody of the child belongs to Respondent. However,
Article 49 of the Family Code provides for appropriate visitation rights to
the parent not given custody of his children, which in this case is the
Petitioner.
12. According to Silva v. Court of Appeals (G.R. No. 114742. July 17,
1997) the court held that visitorial right of a father over his illegitimate
children is constitutionally protected and recognized to be a natural and
inherent right of the father. Therefore, prohibition and unreasonable
prevention to exercise this right should not be warranted that the relationship
of father and his child will suffer due to individual differences of his
estranged parents. In this case, the interest and welfare of the child should
always be the paramount interest of all parties concerned.
13. Hence, petitioner hope to exercise his visitation rights over his
daughter. Petitioner proposed to pick up her daughter every other Saturday
twice a month in the residence of the respondent or any other place
designated or agreed upon by herein parties to be returned on the same day
or the next day as agreed upon by both parties.
PRAYER
WHEREFORE, it is respectfully prayed that after due notice and
hearing, an order by this Honorable Court enforcing the visitation right over
his daughter be issued in favor of the Plaintiff.
Other and further relief as may be just and equitable with law and
justice are likewise most sought for.
3. That I have read and understood the same and that all the
allegations of facts contained therein are true and correct
of my own personal knowledge and/or based on authentic
records;
REYNALDO B. GAGNO
Plaintiff