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illegitimate child

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1 illegitimate child on Mon Jun 10, 2013 3:11 pm

queenb


Arresto Menor
good day,

i have a couple questions and i would appreciate any answer or advice from you guys but i will tell you a little story first so you'll have an idea on what's going.

i have a co-worker whom i have a relationship since last year. i know he is married and i had a bf that time (we broke off before eventually). the time that he was pursuing me, almost everyone knew he was planning a divorce with his wife. on top of that he wanted to pursue getting the custody of his first child from another woman (at that time, gf pa lan nya wife nya). in short, his life was a mess already but we continued our relationship. to be honest it was supposed to be just for fun but he fell in love with me, madly in love and he forced and begged me to say i love him too. he also badly wanted to have a child (son) with me and since i am at the right age, i felt i wanted one too but not with him. come december, i fell madly in love with him and we started to have problems. he somehow wanted out coz he is feeling guilty of what he is doing to his wife and to me, i told him that i am not ready to end the relationship but just continue what we have and that's just it. i never asked him to divorce his wife nor leave them or anything. i just want us to have the secret relationship until i get over him.

so we continued our relationship until april of this year and we found out that i am 4 months pregnant. coincidentally his wife is also pregnant, a few weeks ahead of me.

he panicked and was stressed to what's happening and we always fought. there were instances where he threatened to kill me if his wife finds out about us. recently he apologized to everything he did to me especially all the threats and bad mouthing i received, which i understand somehow coz i could just imagine how stressed he is now.

he is also not sure if he wants to have his name as the father of the child on the birth certificate, though i told him i don't want the child to carry his last name as it might affect our petition, i just want him to acknowledge the child.

again, i am not asking him to leave his family. but do i have any claims to ask for financial support? the threats i received from him, are those sufficient evidence to possibly get a TRO or have something to deny him from seeing our child? if he signs the birth certificate as the father of the child, does that mean the child automatically gets his last name or can our child keep my last name? is there any case i can file against him given our scenario? if we create a terms and agreement, should we have a lawyer sign it to make it legal?

thank you Smile

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2 Re: illegitimate child on Sat Jul 06, 2013 8:56 am

tsi ming choi


Reclusion Perpetua
queenb wrote:do i have any claims to ask for financial support?

Ofcourse, as the father of your child.

queenb wrote:
the threats i received from him, are those sufficient evidence to possibly get a TRO or have something to deny him from seeing our child?

While under the law, the custody of an illegitimate child is vested solely to the mother, however, this does not prohibit the father to exercise his visitation rights.

Also, there is no valid reason to get a TRO to restrain the exercise of such visitation rights.

queenb wrote:
if he signs the birth certificate as the father of the child, does that mean the child automatically gets his last name or can our child keep my last name?

You have the OPTION to use the surname of the father OR your surname, the signing by the father of such birth certificate will have an effect of "acknowledgement" by the father that your child as also his child.

queenb wrote:
is there any case i can file against him given our scenario?

I think if he failed to give support then, you can file a petition for support.

queenb wrote:
if we create a terms and agreement, should we have a lawyer sign it to make it legal?

It depends on the terms and agreement. IF such agreement is contrary to law, moral, good custom or policy, then, even such document is notarized, STILL, it has no of legal effect.

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3 Re: illegitimate child on Sat Jul 06, 2013 3:20 pm

queenb


Arresto Menor
thank you so much for the reply. that helped a lot! Smile

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4 Re: illegitimate child Today at 7:59 pm

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