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Help Please: I Desperately Need Legal Advice

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1 Help Please: I Desperately Need Legal Advice on Sun Jun 10, 2012 8:08 am

Hi Attorney,


I'm so happy to have finally found a site like yours which tackles as well on legal advice in family issues.


I am a married woman who fell in love with somebody else other than my husband. We have been together for a few years and produced a wonderful kid. There's no communication between my husband and me for years now. I have also been wanting and planning for an annulment but still unable to go for it as of the meantime.

I was told that based in Article 167 of the Family Law, my child is literally considered as the legitimate child of my legal husband. Since I was still married when she was conceived and born. This actually came as a shock to me since I had no idea.

My relationship with my live-in partner has gone really sour, and we have eventually parted ways in a not so nice way. I am afraid that he will run after our kid.

I know mothers would have custody over the child, especially that i am unmarried with the biological father and our child is still in his formative years.

But my concern attorney is that in my child's birth certificate(which was processed by the biological father while i was in the hospital), it is stated that I am single instead of married. My maiden name was also used.

The bc also shows that the surname of the biological father was used by our child. He also signed the admission of paternity, and had it notarized.

Am I in the losing end if the biological father goes ahead and fights for our kid, uses perjury against me, the fact that I am legally married, and his signature in the birth certificate?

Coz now he is claiming that the whole time he never knew my situation when in fact he did since day 1.

What safety measures should I do now to make sure that I'd be able to keep my child before legal actions are taken?


They have connections and a battalion of lawyers daw at their disposal so please help attorney. I am so worried already. I do not have any support system since I cannot tell anyone what's going on yet. I'm so afraid of losing my child.


Looking forward to your response. It will be greatly appreciated.


Best regards,

>Scared and Scarred Mommy



Last edited by scared_and_scarred_mommy on Sun Jun 10, 2012 10:14 am; edited 1 time in total (Reason for editing : Typo on the topic)

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concepab


Reclusion Perpetua
scared_and_scarred_mommy wrote:Hi Attorney,


I'm so happy to have finally found a site like yours which tackles as well on legal advice in family issues.


I am a married woman who fell in love with somebody else other than my husband. We have been together for a few years and produced a wonderful kid. There's no communication between my husband and me for years now. I have also been wanting and planning for an annulment but still unable to go for it as of the meantime.

I was told that based in Article 167 of the Family Law, my child is literally considered as the legitimate child of my legal husband. Since I was still married when she was conceived and born. This actually came as a shock to me since I had no idea.

My relationship with my live-in partner has gone really sour, and we have eventually parted ways in a not so nice way. I am afraid that he will run after our kid.

I know mothers would have custody over the child, especially that i am unmarried with the biological father and our child is still in his formative years.

But my concern attorney is that in my child's birth certificate(which was processed by the biological father while i was in the hospital), it is stated that I am single instead of married. My maiden name was also used.

The bc also shows that the surname of the biological father was used by our child. He also signed the admission of paternity, and had it notarized.

Am I in the losing end if the biological father goes ahead and fights for our kid, uses perjury against me, the fact that I am legally married, and his signature in the birth certificate?

Coz now he is claiming that the whole time he never knew my situation when in fact he did since day 1.

What safety measures should I do now to make sure that I'd be able to keep my child before legal actions are taken?


They have connections and a battalion of lawyers daw at their disposal so please help attorney. I am so worried already. I do not have any support system since I cannot tell anyone what's going on yet. I'm so afraid of losing my child.


Looking forward to your response. It will be greatly appreciated.


Best regards,

>Scared and Scarred Mommy

the best thing to do is get a lawyer. His denial is a first defense. you have to established a proof that he is aware of your marital status.

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Thank you so much for the reply Attorney.

Would testimonials of different witnesses and common close friends suffice as proof?

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attyLLL


moderator
imo, whether he knows your marital status is irrelevant as to the issue of custody.

if you argue that you are married, then he's out. even with a dna exam showing him as the father, the law will protect your child's legitimacy.

if he argues that you are not married, he's still out because only the mother of illegit child has right to custody.

i recommend you stand your ground and wait for him to file a case. i doubt whether this batallion of lawyers will be in a hurry to file such a case.


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Thank you Attorney attyLLL. You have no idea how grateful I am for your response. It definitely made me feel more secured about my rights with regard to the custody of my child.


Just for added clarification, i read somewhere that I could get in a lot trouble for having the single state in the birth certificate of my child. That I could get charged with perjury. Is that correct sir? If so, can that be used against me in the custody battle should they go ahead with it? That's the only thing that i can think of them using now, should it be considered a compelling reason to deprive me of custody.


Thanks and Best regards,


>Scared and Scarred Mommy

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Hi Attorney,

I just double checked. Kindly disregard my last query since upon checking my child's live birth certificate, it is not stated single there. It just says not married, which is true since the biological dad and I weren't. My maiden name was also used since it was what was required on the form.

Again, thank you! You have no idea how your response has made me feel way better.


Best regards,

>Scared and Scarred Mommy

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