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advice needed, please. thanks...

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1 advice needed, please. thanks... on Sun May 06, 2012 1:37 am

m8rx


Arresto Menor
Good day,

I just want to ask for an advice o opinion on what is the best thing to do. My marriage from my ex wife has been annulled 2 years ago, pero we have been living seperately since 2003/2004 We have an 8 year old daughter now and i have been providing continious support even before our daugther was born. They have been living in my house so i can provide a roof for my daughter aside from the regular monthly support both in cash and in kind. Never akong nagdamot sa anak ko, basta kaya ng kinikita ko, binibigay ko. I get to visit my daughter weekly and go out malling or play or anything she wants to do.
The thing is, my ex has a habit na gawing sangkalan or dahilan yung anak namin every time we disagree on something. Late last year of 2012, nagkaroon ako ng baby boy sa iba, though we are not married. Bilang tatay, gusto ko magkakailala ng maayos yung magkapatid at lumaki ng walang sama ng loob sa isat isa. When i told my ex about our daughter’s half brother, (alam na rin ng daugther ko na may kapatid na sya and she was even excited na makita yung kapatid nya.) nung una okay lng pero iba na yung timpla nung nanay ng mga sumunod na araw. She started to demand more money, nanunumbat ng mga bagay na matagal ng tapos, kung anu ano na ang dinidikta tska ipinagbabawal atbp..
Pati yung oras ko ng dalaw sa anak ko apektado, sasabayan nila ng lakad kapag araw ng punta ko. Mukhang ayaw nya na magkita at mapagkilala ko yung magkapatid.
Can she legally do these things?
Pwede ba sya makialam kung gusto ko magkakilala yung dalawa kong anak?
Ano ang karapatan ko tungkol dun bilang tatay?
Pwede ba sya mag demand ng mas malaking suporta lalo na dalawa na ang anak ko?
Pwede ba akong magreklamo sa korte kapag pinagpatuloy nya yung kakademand at kakagawa ng paraan para di magkita ang dalawa kong anak?
Pwede ba ako magdemanda kasi nasisira nya yung oras ko para sa panganay ko na anak?
May karapatan ba ang dalawang anak ko na magkita at magkakilala?

Pasensya na po sa maraming tanong. Confused lang po kumg ano talaga ang rights ko.

Thanks and
God bless..



Last edited by m8rx on Wed May 09, 2012 4:38 pm; edited 1 time in total

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2 Re: advice needed, please. thanks... on Sun May 06, 2012 6:47 pm

attyLLL


moderator
what is the basis for your annulment? psycho incapacity? isn't custody and support included in the decision?


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3 Re: advice needed, please. thanks... on Tue May 08, 2012 2:23 pm

m8rx


Arresto Menor
The basis for the annulment was phycho incapacity. I was the one who filed the annulment against my ex-wife. there were no custody and support provisions included in the decision, it was just only annulment.

Thanks and regards,

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4 Re: advice needed, please. thanks... on Sat May 12, 2012 10:52 pm

attyLLL


moderator
that matter should have been resolved in the court unless this is one of those package deals. file a motion in the court for clarification re the custody and support issue


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5 Re: advice needed, please. thanks... on Sun May 13, 2012 12:31 pm

m8rx


Arresto Menor
Ok po atty, salamat. Parang package po sya kasi fixed yung price na siningil. Is the annulment still valid pa din ba kahit walang binanggit re custody and support? Dapat po ba kasama talaga sa decision yung support and custody? May additional fee po ba sa pag file ng petition re custody and support kybg sakali? tska dapat po ba dun sa same court and same atty?

Thank you po atty and regards,

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6 Re: advice needed, please. thanks... on Sun May 13, 2012 11:13 pm

attyLLL


moderator
i would recommend same court.same atty will be up to you


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7 Re: advice needed, please. thanks... on Fri May 18, 2012 8:57 am

m8rx


Arresto Menor
I am now being harassed through text messages by my ex-wife. I have been regularly providing support ever since but now she is demanding that i pay ALL thier expenses.
Is it legal for her to suddenly demand for everything now that i have another child to support? (Before we always split or share the expense)
I am now having anxiety attacks because of her unpredictable and threathening approach and it is starting to affect my work.
How can i have protection from being harrassed?

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8 Re: advice needed, please. thanks... on Sat May 19, 2012 11:10 am

ibonidarna


Reclusion Perpetua
Since she is no longer your wife, she is not entitled for support. However, your daughter is.

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9 Re: advice needed, please. thanks... on Tue Jun 05, 2012 1:08 pm

m8rx


Arresto Menor
Hello sir,

I am having another situation, my ex wife is now starting to deny me my usual weekend time and visit with my daughter just because she feels like it. I seldom get to see my daughter anymore and she does not allow her to call or text me on the phone. Does she have the right to deny me my rights to visit? What would be the best legal step for me do? Thank you and God bless.

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10 Re: advice needed, please. thanks... on Tue Jun 05, 2012 1:31 pm

ibonidarna


Reclusion Perpetua
You write to her telling her that if she denies you your visitation rights, you are going to stop giving support.

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11 Re: advice needed, please. thanks... on Tue Jun 05, 2012 8:52 pm

attyLLL


moderator
atty ibon, i respectfully would not recommend that line of action. threatening to withdraw support can be argued as as a form of psycho abuse under ra 9262.

again, i would recommend that a motion be filed in the court that issued the annulment to clarify the issue about settlement. unless this package deal didn't even declare that you had kids in your petition.


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12 Re: advice needed, please. thanks... on Wed Jun 06, 2012 3:22 pm

ibonidarna


Reclusion Perpetua
With due respect, attyLLL, the same law RA 9262, considers it an act of violence if the threatening to withdraw support is committed with the purpose of controlling or restricting the woman's or her child's movement or conduct.

The letter itself will become proof that the purpose of withholding the support is not to control or restrict their movement but to enforce his rights.

In any case, I respect the difference of our opinions.

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