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B- To seek for the custody right of the 03 daughter: 1 st. Name: LEAV MAYARY, Sex:
Female, born on April 01, 2000; 2nd. Name: LEAV MASOLYNNA, Sex: Female, born
on October 11, 2005; and 3rd. Name: LEAV THANAPHASSAS, Sex: Female, born
on November 14, 2007.
As for child custody, I would like to seek for the custody of my three children because
I can afford to raise them with my salary of $1043 (One thousand forty three US dollars). The
eldest child named LEAV MAYARY, Sex: Female, born on April 1, 2000, is 18 years and 8
months old. The second child is 13 years old and the third child is 11 years old.
By demanding in the first point: I keep requesting for divorce from the Respondent
LEAV VITIYATHOR, Sex: Male, born on August 09, 1974.
Demand in the second point: To request for custody rights of the three children, and
for the demand in the third point for alimony of 500 $ a month, I reduce from 500$ to 250$ a
month. I asked the Respondent to help pay off the debt. The Respondent also knew that I still
owed others in amount of $ 49,000, and that I presently do not have a job, so I asked the
Respondent to help pay off the debt of $49,000 as much as possible.
As for the divorce claim between the Petitioner and me, I do not agree to divorce
because I am still in love with my family and still love my wife and I love the Petitioner 's
claim to control my child. Yes, I agree to give it to the Petitioner, but I ask for the right to visit
my son as usual, as my biological father. As for paying food obligations, I would like to pay
as much as possible, because every day I have paid my entire salary to pay off my debts. Yes,
I paid my salary one year ago to pay off their debts. For this debt, they owe about 20
thousand dollars, compared to the previous debt of about (US $ 100,000).
II . Evidence examination
Based on the results of the oral argument and the examination of the evidence, the court
found that:
1.1- According to the marriage certificate No. 29 dated 19 May 2004 issued by the Civil
Registrar, Sras Chak quarter and the claim of the Petitioner and the Respondent claiming that
they were married according to Traditionally, on April 18, 1999, the Marriage Certificate
was legally registered in 1999, as in Marriage Certificate No. 217.99, dated May 19, 1999,
issued by the school , Daun Penh district . that the Petitioner and the Respondent truly
traditional married since 1999 and has signed a Marriage Certificate legally on 19 May 1999
and signed Certificate of Marriage No. 29 dated 19 May 2004 issued by the Civil Registrar ,
Sras Chak quarter real. The fact that the Petitioner and the Respondent live together by
signing a Marriage Certificate like this means
2. On the second claim: the request for parental authority over the child
2.1 - According to the Petitioner and the Respondent, who have the same claim that in their
marriage they have three children, the first child is named LEAV MAYARY ,, Sex:
Female, born on April 1, 2000. Certificate of Birth No. 934, dated May 19, 2004, Number
2, LEAV MASOLYNNA , Sex: Female, born on October 11, 2005 with Birth Certificate
No. 829, dated October 14, 2005 , and the third child, Leav Thorn: Phasak , Sex: Female, born
on November 14, 2007 with Certificate of Birth No. 407, dated November 29, 2007, issued
by Sras Chak quarter , convincing the court that in living together as the Petitioner and the
Respondent couple, there were indeed three children.
2.3- to a request of the Petitioner asking parents authority over their son feat Maria Court
should reject demands hand petting the three are being studied that the
Petitioner Underprivileged in raising a child. Seeing that the children of the Petitioner and the
Respondent have lived and studied under the care of the mother as the Petitioner from
infancy until now, if given to the Respondent , a man can not raise children. Well, because
both children are girls, the court believes that the Petitioner mother can educate and provide
for her child to become a good person in society, because the mother always educates and
cares for her child. Better than the father, the court should decide to hand over power to the
Petitioner in accordance with Article 1037-3 of the Civil Code.
2.4 For the benefit of the child, the father who has no parental authority should have
the right to meet and communicate with the child, and the mother party who has parental
authority should make it easier for the father to visit the child.
3. On the second claim: claiming the necessary expenses to be responsible for managing the
care of the child
- to benefit children should order the Respondent expense necessary to get the confidence to
take over the maintenance of two petting LEAV MASOLYNNA , Sex: Female, born
on October 11, 2005 Birth Certificate No. 829, dated October 19, 2005, and his name is Lao
Thanat Phas , Sex: Female, born on November 14, 2007 with Certificate of Birth No. 407, dated
November 29, 2007, issued by Sras Chak quarter at the request of the Petitioner every month
until the child is legal in accordance with Article 1040-4 of the Civil Code. This decision is
based on the actual financial situation of the Petitioner and the Respondent, as well as the
necessary circumstances to pay for the child's living.
4. The liabilities include: the parties , the Respondent argued and submitted evidence and
recognition of the Petitioner : the Respondent LEAV VITIYATHOR owed aunt is 11,000 $ and
paid just over Twenty thousand US dollars. The Respondent should pay the debt to Kimny in
full, while the other debt 's claimed by the Petitioner is that there is no credible evidence, so
the debt should be owed to the Petitioner .
5. The indemnity shall be in accordance with Article 64-1 of the Code of Civil Procedure.
Final decision
2. empower parents petting LEAV MASOLYNNA , Sex: Female, born on October 11, 2005 and
Booklet LEAV THANAPHASSAS , Sex: Female, born on 14 November 2007 to the
Petitioner , the Hang AMMRA since The day of the verdict is final.
The father without authority has the right to meet and communicate with the child, and the
mother with authority has to make it easier for the father to visit the child.
3. Name the Respondent LEAV VITIYATHOR costs need to be in charge to administer
care to the Petitioner , the Hang AMMRA each month of 250 ( two hundred and fifty US
dollars), up to petting a majority.
The verdict ends with the oral argument on May 08, 2019 before the Petitioner and the
Respondent announced on May 27, 2019. The parties have the right to appeal within the time
prescribed by law.