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Marital & Extra Marital

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1 Marital & Extra Marital on Thu Mar 21, 2013 2:11 pm

Father Patrick


Arresto Menor
My son and daughter-in-law, both 26 years of age were married last year. They now have a 7-month young daughter.

We recently learned that my son had an affair with a high school friend and got pregnant. This woman (even her parents) knew very well that my son is married, and that he also has a daughter – everyone knows everyone.

Our daughter-in-law told us of her decision to separate from my son and left him 3 days ago. She went home to her parents and returned after a few hours with her parents to pick her daughter.

It is of our intention to settle the problem and not aggravate the situation, so I advised my son not to give his daughter to his wife. We also advised him to ask her not to leave so they can settle the matter by themselves. My son never told his wife to leave. He takes care of his daughter most of the time (his schedule as a sports instructor in two private schools allow staggered schedule). His wife is a private school teacher.

It is however obvious that her parents are bent to support the separation, instead of giving more sensible advise. It seems that they are the ones deciding for my daughter-in-law.

Could you please advise, if there are any ways to settle our problems? Is my son’s case sufficient ground for legal separation? What are the procedures and consequences? What about our grand daughter?

If we could only convince our daughter-in-law to seek proper counselling with our son instead of listening to her father, but I think we cannot force her into this.

Thank you!

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2 Re: Marital & Extra Marital on Thu Mar 21, 2013 5:35 pm

attyLLL


moderator
the mother has the right to custody for a child below 7 years old.

there is no legal remedy for a broken heart. your son has to win her back again.


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3 Re: Marital & Extra Marital on Thu Mar 21, 2013 7:41 pm

Father Patrick


Arresto Menor
Thank you, Attorney.

What would be the grounds for her to file a petition for legal separation?

Will my son totally lose paternal rights, and the innocent daughter be deprived of her right to a father?

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4 Re: Marital & Extra Marital on Fri Mar 22, 2013 11:42 am

attyLLL


moderator
legal separation can be granted in cases where infidelity can be proven.

at the minimum, he will still have visitation rights.


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5 Re: Marital & Extra Marital on Fri Mar 22, 2013 6:07 pm

Father Patrick


Arresto Menor
Before I finally decide as to what are our best moves and options are, can you please advise: should a legal separation be decreed, can the mother bring our grand daughter abroad without the consent of my son? Can we file for a hold departure order for the child so she remains in the country and that my son can continue his visitation rights?

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6 Re: Marital & Extra Marital on Sat Mar 23, 2013 2:03 pm

attyLLL


moderator
first, try to negotiate an agreement.


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7 Re: Marital & Extra Marital on Wed Mar 27, 2013 7:45 pm

Father Patrick


Arresto Menor
they have decided to live separately without judicial process, with custody of the child being agreed on 4 days with the mother and 3 days with the father. this agreement was done and reached in the presence of us parents.

the girl's father however requested that this undertaking be put on paper and signed by 2 different baragngay officials (one each from the respective husband and wife place of residence). now our concerns are: 1) is this kind of agreement accepted and legal? 2) will this paper be considered as a legal instrument or evidence should the mother or any of the parties start to deviate from the agreement?

thank you!

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8 Re: Marital & Extra Marital on Wed Mar 27, 2013 9:37 pm

attyLLL


moderator
i believe that agreement will be valid. good luck.


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9 Re: Marital & Extra Marital Today at 11:33 pm

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