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Illegitimate child + annulment

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1 Illegitimate child + annulment on Tue Jun 04, 2013 3:02 pm

abigail03


Arresto Menor
Here's the scenario:
1. Girl after months of breakup, contacted the man saying she's got pregnant.
2. Man out of no choice and out of parents' demand, married the girl and signed the child's BC.
3. Both didn't live together but the man took care of the child for at least 1 yr.
4. While the child is growing, the man noticed there wasn't any of the child features resembled his so he decided to get paternity test. He got the DNA test for less than 20 or 15k via referral from UP center and performed the test in St Lukes. At this time, the man already has GF.
5. It turns out the child wasn't his and he returned it to the mother around mid 2009.
6. The man only filed annulment last 2011 when the child was born last 2008. The court decision was released last july 2012 but there was no petition or decision for the child's disownment.

QUESTION.
1. By this time, is the annulment already finalized that when the man asks for CENOMAR, the papers will say that he just got annulled?
2. What are the chances for the man to disown the child? Will there be still proper procedure for this even after the annulment?
3. How does the man make his ex-wife unable to use his surname anywhere especially in school as the mother/girl is a teacher? Is it possible to direct this issue to the school admin or it needs to be filed separately at the court?
4. If the ex-wife continues her "panggugulo" to the man and his GF, what can be done to silence her?

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2 Re: Illegitimate child + annulment on Sat Jun 08, 2013 7:30 pm

attyLLL


moderator
instead of a cenomar he should produce his marriage contract from nso which has annotation that it was annulled

it depends on what ground. if it was psycho incapacity, the child remains to be his legitimate child. imo, it may already be too late if the child is more than 1 year old.

his lawyer can write to the ex-wife to stop using the last name

file a case of unjust vexation.

i hope this was a by-the-book annulment, else the wife can have it declared void if there was a violation of due process


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3 Re: Illegitimate child + annulment on Fri Jun 14, 2013 3:07 pm

abigail03


Arresto Menor
If the annulment's basis was psycho incapacity, do you mean atty there will be no left solutions legally to disown the child? The man's reason for not filing as early as he knew about the fraud is that he has no money to afford all fees for the filing of case. It was only last 2011 that he managed to get loan from relatives to get annulment and not to disown the child because he happened to lose the dna results and were not able to request for copies. parang ang pinalabas na lang ay psycho incapacity kasi yun daw undeniably ang pinakamadaling basis which for the man is okay nung una dahil it's the most impt case that needs to be solved dahil nga nanggugulo yung babae sa kanilang dalawa with gf.

If the lawyer already wrote the ex wife to stop and she still uses it for online defamation, what can be done legally?

About by the book annulment, can you explain about it? Is there any illegal ways to do annulment?

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4 Re: Illegitimate child + annulment on Fri Jun 14, 2013 8:57 pm

carl434


Arresto Mayor
 Is there any illegal ways to do annulment?
good question??

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5 Re: Illegitimate child + annulment on Fri Jul 12, 2013 6:56 am

abigail03


Arresto Menor
bump

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6 bump on Fri Jul 12, 2013 8:23 pm

carl434


Arresto Mayor
abigail03 wrote:bump

whats a bump

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7 Re: Illegitimate child + annulment on Sat Jul 13, 2013 1:22 am

abigail03


Arresto Menor
it means that u are still waiting for reply i guess. i was hoping attylll could still respond to my question.

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8 Re: Illegitimate child + annulment on Tue Jul 16, 2013 7:17 pm

attyLLL


moderator
abigail, imo, time is up after 1 year the birth certificate was registered or he found out about the birth of the child, whichever came first. after that, any action to question the child's legitimacy is barred even if you have a dna test and an expert to explain it.

unfortunately, lack of funds is not an excuse.


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9 Re: Illegitimate child + annulment on Wed Jul 17, 2013 7:12 pm

abigail03


Arresto Menor
thanks atty!

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