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Child Custody, Cyber Crime, Threats

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1 Child Custody, Cyber Crime, Threats on Tue Jul 17, 2012 7:13 pm

andronicobcasullaII


Arresto Menor
1st part (Child Custody)

My wife Laura, (24yo) had a son (now 2yo) from her former live in partner. the former guy abandoned them and did not sustain anything, as my wife stated, her former partner initiated that they should abort the baby but Laura did not agree. The guy leaved them and went home to Iloilo, Laura and her son stayed with her family in quezon city, her parents give their basic needs. Laura's parents instructed her that she could never had the child no matter what happen, they strongly insisted that the child was theirs and Laura can't take the baby if ever she decided to live separately. Last year, I meet Laura at our office and the story ended up we get married and vowed last April 29th this year, now Laura is 7mos pregnant. I am aware that she had a son, right now her son called me DADDY and I dearly called him "NAK" (anak/baby). I have learned to love them both, and we are living still in Laura's Parents. I give support for both of them, and tend for the childs need. They are very important to me. But, again Laura's Parents always comes up with their own raised tone of "pag-aalis kau, wag nyo dalhin ang bata sa amin siya!". that could not be right.

I ask if who has the right for the childs custody?

2nd part (Cyber Crime and Threats)

Lately my wife receives a threat through her facebook account, the threat came from her former partner, threatening that he will get the child no matter what it cost him, also when this guy found out that Laura and Me were married, he threatened us that he will stab me to death when he sees me. This guy also send messages that is sexually abusive to my wife.

What should I do to protect my family?

3rd Part (Benefits)

I am working on a callcenter, and I wanted my children to be covered with every benefits I had. I am thinking is it possible for us to change the name of Laura's son? using my last name? I am also processing our papers for settling abroad and I wanted to make sure that Laura's son got my name for equal rights.

Advice me for any legal action I need to do. Thank you. The threats is bothering me.

Andronico B casulla II

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2 Re: Child Custody, Cyber Crime, Threats on Tue Jul 17, 2012 8:19 pm

attyLLL


moderator
as the mother of an illegitimate child, only laura has the right to custody and parental authority.

file a case of grave threats against the guy

you have to adopt the child.


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3 Re: Child Custody, Cyber Crime, Threats on Tue Jul 17, 2012 8:24 pm

concepab


Reclusion Perpetua
First of all let me salute you for being a good husband and a father to the child. Keep it that way.

For the child custody, your wife has the full authority over the child. Her parents, cannot do anything if you choose to live separately and take the child with you. You can ask the assistance of DSWD or women helpdesk.

About the threats, a criminal case is possible only if you can prove that it is her previous partner that is sending the text messages and owner of the FB account. Hard task, yet possible.

The only way for her child to use your name is adoption.

Good luck.

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4 Re: Child Custody, Cyber Crime, Threats on Tue Jul 17, 2012 8:24 pm

concepab


Reclusion Perpetua
concepab wrote:First of all let me salute you for being a good husband and a father to the child. Keep it that way.

For the child custody, your wife has the full authority over the child. Her parents, cannot do anything if you choose to live separately and take the child with you. You can ask the assistance of DSWD or women helpdesk.

About the threats, a criminal case is possible only if you can prove that it is her previous partner that is sending the text messages and owner of the FB account. Hard task, yet possible.

The only way for her child to use your name is adoption.

Good luck.

late ang post ko.. nasagot na pala ni atty. Very Happy

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5 Re: Child Custody, Cyber Crime, Threats on Wed Jul 18, 2012 11:20 am

attyjoyce


Reclusion Perpetua
Hi Andronico B casulla II.

AttyLLL and concepab ar correct. And if I may add, your wife may also file a case for violation of RA9262 against his former partner for psychological abuse.

For more free legal information, please visit www.domingo-law.com

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6 Re: Child Custody, Cyber Crime, Threats on Wed Jul 18, 2012 12:41 pm

andronicobcasullaII


Arresto Menor
attyLLL, Thank you, today I just went to our brgy BPSO to file Blotter against the guy for the threat. Our local Baranggay also advices me to have my wife file the complaint for womens protection and for Barangay Protection.


concepab, Thank you, being a father does not only means having a blood connection to the child, it must come from within on how much you value the child and the mother as part of oneself. "About the threats, a criminal case is possible only if you can prove that it is her previous partner that is sending the text messages and owner of the FB account. Hard task, yet possible." We are certain that the owner is the same guy, one of the messages that really caught my attention is "BAKA NA MIMISS MO NA YUNG GINAGAWA KO SA 'YO DATI AT MATAGL MO NANG HINAHANAP HANAP" this line show no respect to my wife as a woman and as a person, I also found out that the former guy is now in Tondo, hiding, because he had just stabbed and killed someone in ILOILO.

AttyJoyce, "your wife may also file a case for violation of RA9262 against his former partner for psychological abuse."
This will help me to get through with this case, thank you for sharing your knowledge.

GENERAL: Thank you all, all I wanted is a safe and healthy life for my family. and I will do anything legal to protect them.

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7 Re: Child Custody, Cyber Crime, Threats on Wed Jul 18, 2012 7:03 pm

concepab


Reclusion Perpetua
As I’ve said, your case will prosper only if you can prove your allegations. That means evidence, saying that you are certain that the message came from him is not enough. Gather evidence that will lead to your accusation, then you have a case. Very Happy

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