Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

illegitimate child

View previous topic View next topic Go down  Message [Page 1 of 1]

1 illegitimate child on Tue Jun 11, 2013 7:45 pm

ec23


Arresto Menor
I have a question in behalf of my brother

My brother is married with 2 kids and had a relationship with a woman who is also married that had gone for 2 years and the lady specifically mentioned that she wanted to have a kid by my brother which he upfront said that he cannot provide because of financial issues unfortunately the and the lady is now pregnant.
the husband of the lady later find out and luckily never filed a case against my brother and the lady and had a talk and their agreement was not written in any signed document
that they want my brother to take ownership of the baby.
my brother then had told the lady that he can only support up to the best way that he can probably about 4K a month and could not go beyond that because he was the one taking care of the payables such as rent and utilities, not to mention his expenses on going to work. in a move to earn a bit more he transferred companies the lady is now under the impression that my brother is running away from the responsibility though they both know the fact that he acknowledge it to be his and willing to support the baby but not the way the lady wanted like getting a home separately for them and getting a household to help them out which my brother clearly cannot afford
and during the exchange of their text messages the lady mentioned that his husband said that he will support the kid but provided there will be no more communication between the lady and my brother and my brother will not see the kid, which was not accepted by the lady.
now the lady in 4-5 weeks time may give birth and is demanding again for support. my brother again mentioned he can only think of 2 things to settle this
1. he will support the baby up until to what he can afford to give
2. after giving birth he will take the baby and will be the one to raise it and no more communication between the lady and him because he wanted to correct his mistakes which the lady both refused and threatened to take it legally in terms of supporting the kid.
what can we do about this because clearly there is no denial or abandonment in the side of my brother but the lady is asking for more than what he can give.

please give us an advise on what to do because my brother is feeling harassed already by the lady who constantly demands to be supported,
and by the looks of things she wanted my brother to leave his family and just focus on supporting her which cannot be the case.

what can we do about this?

View user profile

2 Re: illegitimate child on Tue Jun 11, 2013 8:10 pm

carl434


Arresto Mayor
tell the mistress that he is going to have to tell HIS WIFE about this and if she is willing then ok if not She's gonna file a case against her.

View user profile

3 Re: illegitimate child on Tue Jun 11, 2013 8:41 pm

ec23


Arresto Menor
Thank you for your response

what case can we file against her?
my brother is really keen on correcting his mistakes that's why he wanted to support the baby the best way that he can and no more

the funny thing is the mistress wanted to ask my brother to tell his wife about what happened so that he can freely support the kid.

is my brother viloating any law in particular to the illegitimate child? he provided options on how he will support the kid it's just that the mistress is rejecting those options

well infact he deposited a total of 20K already resulting to more payable debts on my brothers end and less take home pay for him

sorry if I had a follow up question though

View user profile

4 Re: illegitimate child on Thu Jun 13, 2013 1:42 am

AttyZag


Arresto Mayor
ec23 wrote:Thank you for your response

what case can we file against her?
my brother is really keen on correcting his mistakes that's why he wanted to support the baby the best way that he can and no more

the funny thing is the mistress wanted to ask my brother to tell his wife about what happened so that he can freely support the kid.

is my brother viloating any law in particular to the illegitimate child? he provided options on how he will support the kid it's just that the mistress is rejecting those options

well infact he deposited a total of 20K already resulting to more payable debts on my brothers end and less take home pay for him

sorry if I had a follow up question though

At this point, I don't think there's any case you can file against the mistress.

In case the mistress is rejecting the offers for support, the best she could do is file a case for support in court. If that happens, the court will take a look at the financial circumstances of your brother and try to come up with a reasonable amount for support. 

Make sure that your brother is keeping evidence that he has been giving support. I would advice giving money through bank deposits. That way, there's a paper trail which would prove that he did not abandon the child.

Would also advise your brother to keep sending support. This way, he's protecting himself from accusations of abandonment and not supporting his child.

Comment on your brother's plan to take the child away from the mother:
Under PH law, a child's custody is with the mother by default. I don't think its a wise move for him to deprive the mother of the child because the mother has rights as well.

Hope this helps.

View user profile

carl434


Arresto Mayor
I have a friend who has split up with his wife, due to her cheating ( which he doesn't have the money to fight in court to prove) and her using HIS... yes his money to fund these PARTIES. in a 5month period she has spent over 600k with no answer to where the money has gone. now he needs to sale the house, which is not paid for and hell be taking a biiig lost just to eat and return home. The wife has said she wants she her SO CALLED share for a house she never put a peso into in her own account. my question is WHAT if any case could he file against his own wife for mishandling family funds and now taking that money from the house as well.

View user profile

6 Re: illegitimate child on Wed Jun 19, 2013 5:09 am

Tin*1215


Arresto Menor
If aperson earns 10000.00 pesos a month. He has 2 legitimate kids and 1 illegitimate kid, can you give me a sample of rough estimation for the child's financial support? Thanks

View user profile

7 Re: illegitimate child on Wed Jun 19, 2013 5:10 am

Tin*1215


Arresto Menor
If aperson earns 10000.00 pesos a month. He has 2 legitimate kids and 1 illegitimate kid, can you give me a sample of rough estimation for the child's financial support? Thanks

View user profile

8 Re: illegitimate child on Thu Jun 20, 2013 11:46 am

cec shop


Arresto Menor
If the father is earning less than a minimum wage of provincial  rate and has 7illegitimate and 1legitimate,how much support can he give to his kids?
If the 4th mistress can file an "abondonment " to the father on the day that she give birth to his child,they are totally separrated since the start og pregnancy of the 4th mistress..and 4th mistress know that he is living w/ his 3rd mistress..now 4th mistress is harrasing the father..is it possibble for the 4th mistress to file for abondonment?.sorry for many questions..

View user profile

9 Re: illegitimate child on Thu Jun 20, 2013 10:06 pm

harryjohn


Arresto Menor
My mother was born in 1947 in the Philippines. Her father was a US Navy who served in WW2. She is illegitimate but she is the first child. My grandfather already passed away in 1980's. Is there any way we can check if there was a last will and testament from my grandfather? Are there any benefits we can apply for in the US Navy? Can her children apply for American citizenship?

We have all the documents to prove and recently found our relatives in the US. We have a suspicion that there was something valuable left for us but never given by her half siblings.

View user profile

10 Re: illegitimate child on Fri Jun 21, 2013 11:22 am

attyLLL


moderator
whatever investigation or action  you will take, you may have to do it in the US. try inquiring with the US navy


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

11 Re: illegitimate child on Tue Jul 02, 2013 12:57 pm

ec23


Arresto Menor
Thank you for your comment atty zag.

I have discussed tis with my brother and he mentioned to me now that the husband of the mistress is demanding 2 things

1. to find a place for the mistress and the baby to stay which my brother upfront said he cannot confirm or agree because he cannot afford it due to financial reasons that he has his family to support

2. in the event that the mistress gives birth my brother should shoulder all the hospitalization bills approx 35K for normal delivery, my brother already shelled out 20K and selling his phone at the moment to cover that

3. have his last name to be the last name of the kid which he dont have any problem

4.They will not shell out a sinlge cent to help in the hospital bills

5. when the mistress gives birth my brother has to be there - I advised him that if the mistress gives birth at night he can go the following day and take care of everything

however he was threatend thru sms that if he fails to meet the above demands he will harm my brother to his term used " lulumpuhin kita"


can we file a case this early against the husband for grave threat? the sms came from the mistress though.

I just don't think it's fair that my brother should shoulder everything since the mistress and my brother were the parents of the baby.

The mistress feels that she is being mistreated because my brother cannot give all their demands and he has no right to bargain.

I hope to hear from you soon thank you for your help in advance

View user profile

12 Re: illegitimate child on Wed Jul 03, 2013 10:33 am

Anna9


Arresto Menor
To be honest I don't feel for the mistress in this case at all.she set herself up for failure by getting involved with a very married man

View user profile

13 Re: illegitimate child Today at 3:18 am

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum