Query: What legal actions can be taken against a father who is not married to the mother but fails to provide financial support for their child?

In the Philippines, both parents have a legal obligation to support their children, regardless of whether the parents are married. This responsibility is enshrined in the Family Code, which stipulates that parents owe mutual support to their children which includes financial support, schooling, and needs for sustenance.

Steps to Take Legal Action:

Demand for Support:
- Initially, a formal demand for support should be sent to the father. This can be a written request outlining the need for child support.
Barangay Mediation:
- If the informal demand is unsuccessful, the next step is to bring the matter to the local barangay for mediation. Barangay officials can help mediate and enforce child support agreements informally.
Filing a Complaint:
- If barangay mediation fails, the mother can file a complaint for child support at the Family Court. The complaint should include all pertinent details such as the financial needs of the child and the father’s capacity to support.
Proof of Paternity:
- Establishing paternity is crucial if the father disputes the claim. This can be done through the child’s birth certificate, admission of paternity, or through DNA testing if necessary.
Court Process:
- The court will determine the amount of support based on the needs of the child and the financial capacity of the father. The court may order a lump sum or periodic payments.
- Enforcement of child support can be executed through garnishment of wages, levying of properties, or other means as deemed suitable by the court.

Legal Considerations:

Best Interest of the Child: The paramount consideration in any child support case is the child's welfare and best interests.
Retroactive Support: Courts can also award retroactive child support from the date of birth of the child, especially if it is proven that the father has been evading his responsibilities.
Modifications: Either parent can request the court to modify the support order if there are significant changes in circumstances such as changes in the financial status of either parent or new needs of the child.

Conclusion: Every child has a legal right to financial support from both parents, and the law provides mechanisms to enforce this right. Unmarried mothers seeking support should utilize these legal avenues to ensure that their children receive the necessary financial care from their fathers. Consulting with a legal professional who specializes in family law can provide guidance and increase the likelihood of a favorable outcome.