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PREGNANT MISTRESS RIGHTS?

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1 PREGNANT MISTRESS RIGHTS? on Mon Aug 23, 2010 4:06 am

fifai


Arresto Menor
I found out about my husband's affair 4 weeks ago. He was ending it with the girl and the girl texted me.

Now she says she's pregnant.

If we decide to disregard her, can she file a case against my husband?

She's also making trouble for us at our work. Can i file a case against her?

I have no objections giving support to the child. But i want to be sure it's my husbands. Do we start giving support while she's pregnant? Who specifies the amount of support?

What if after she gives birth and found out that my husband was not the father, can we file a case against her?

thanks so much. i just found out about this less than an hour ago so all emotions are still filling in.

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2 Re: PREGNANT MISTRESS RIGHTS? on Tue Aug 24, 2010 12:51 am

attyLLL


moderator
it's hard to predict whether she will file a case or not. the point is that she can easily whether it has merit or not. you can only defend as best you can.

however, her first hurdle is to prove who the father is. if she has written proof that your husband acknowledged the child, she has the right to claim support for her pregnancy.

if you provide support and it turns out that your husband is not the father, you can claim refund. whether she has the willingness or ability to pay it back is another matter.

it depends on what she is doing to disturb you at work. what immediately comes to mind is defamation and unjust vexation.

ask your husband to be careful in dealing with her. if he becomes violent or cruel, he can be held liable for emotional or psychological violence against women under ra 9262.

it has been opined that the wife can seek damages from the mistress under art 26 of the civil code for meddling in family affairs.


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3 Re: PREGNANT MISTRESS RIGHTS? on Mon Jan 03, 2011 5:16 pm

biktima


Arresto Menor
same case.
i found out that my husband has sex with an 18 yrs old girl last july 11,sabi ng husband ko yung girl daw po ang nagyaya sa kanya na gawin yun,pinakiusapan daw sya na gawin nila yun and just this november sinabi sa kanya ng girl na buntis daw sya at sya ang ama(husband ko),sabi ng husband ko nawala daw for almost two months yung girl and pag balik nya sinabi nya na yun. kinausap ng family ng girl ang husband ko asking what he wants.SOPORTA O DEMANDA? hindi po sigurado ng asawa kung kanya ang batang dinadala ng babae.,
kung sa akin lang po sino po bang matinong babae ang magyayaya sa lalaki na magsex sila kung wala syang dahilan?


na


ano po ba ang pwedeng demanda na gawin ng babae sa asawa ko?
and pwede din po ba mag sampa ng demanda ang asawa ko sa babae,kasi po pinag uusapan na po na ang husband ko nga po ang ama eh hindi pa naman po sigurado yun?
and ano po bang kaso ang pwede kong isampa sa babae kung sakali?

thank you so much.

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4 Re: PREGNANT MISTRESS RIGHTS? on Tue Jan 04, 2011 4:39 pm

attyLLL


moderator
i hope the girl is not so evil that she will claim that your husband raped her. that would be really bad. to have defense against that, try to get come of these negotiation messages in writing such as email, letters, or if nothing else, text.

i take the position that the man can validly refuse to acknowledge an illegitimate child, especially if he is not sure. the remedy of the woman will be to file a case for filiation. HOWEVER, most women will file a VAWC case based on economic abuse when the man refuses to give support. I believe a VAWC case is premature until the filiation of the child is proven, but there are some prosecutors who are ruling that the woman's word is sufficient evidence, and there are some who do not. this is still not determined.

i don't see any details which would show the husband has a cause of action against the girl. if you can prove that she is spreading rumors, then you can file a case, but i don't know whether it will prosper.

you have a right of action to file a civil case for damages against the girl for interference in your family affairs under art. 26 of the family code.


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5 Re: PREGNANT MISTRESS RIGHTS? on Tue Jan 04, 2011 5:48 pm

biktima


Arresto Menor
hi
thank you so much for the reply
we have talk sa phone po, pero her untie wants to talk daw po in person.. so sabi ko po if you want sa baranggay po tayo mag-usap. hindi na po sila sumagot..
tama po ba ang ginawa kung step na sa barangay makipag usap and not in any private or public place?
and if in case naman po kaya na magkita at mag usap po kami ano po ba dapat kung gawin?
wala kasi dito yung husband ko his out of town.. so ako lang po ang pwedeng makipag usap sa girl.

thank you so much

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6 Re: PREGNANT MISTRESS RIGHTS? on Tue Jan 04, 2011 6:00 pm

biktima


Arresto Menor
and one thing po pala, when i asked the girl kung ilang buwan na po yung tyan nya ang tagal nyang sumagot.. and when i asked her kung nagpapacheck sya,sabi nya sakin hindi, i asked her why? wala lang daw ayaw nya..
thank you po

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7 Re: PREGNANT MISTRESS RIGHTS? on Tue Jan 04, 2011 8:22 pm

attyLLL


moderator
i recommend you meet with them even if it is not in the bgy. i would not invite a lawsuit. i assume you are looking for an ultra sound which states the estimated date of conception.


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8 Re: PREGNANT MISTRESS RIGHTS? on Fri Jan 07, 2011 4:52 pm

biktima


Arresto Menor
hi,

yes i already asked her kung may mga lab.test sya, wala daw. then i asked her pag balik mo dito manila pwede bang paki txt mo ako sasamahan kitang magpa ultrasound. then she said OK. she said na babalik sila ng jan.4 but until now still wala pa sila? ayaw ko narin syang eh call o eh txt kung kailan balik nya manila.. sana she stay nalang dun for good..and baka din isipin nya na hinahamon ko sya..pag tanungin ko pa ulit kung when ang balik nya di ba? still hindi pa naman napapatunayan na anak ng husband ko yun..and kung di na sya babalik that would be good di ba?

naisip ko kasi na sa bgy kami mag kita and mag usap kasi they want na sa bahay nila ko pumunta and makipag usap,baka naman palabasin nila na ako pa ang sumugod at makasuhan po ako ng trespasing di ba.. gusto ko lang maging safe din ako..

thank you

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9 Re: PREGNANT MISTRESS RIGHTS? on Sat Mar 12, 2011 11:05 pm

sopnash


Arresto Menor
Hi atty.,

Buntis po ako sa ex-bf q na married na..The day i found that I'm pregnant I decided na layuan xa. Pero sa sobrang galit ko minsan sa kanya natext q ung asawa nya admitting that I am pregnant with her husband. After few months, nagttext ung girl na idedemanda daw aq at ang asawa nya dahil sa pagbubuntis ko sa aswa nya.Sapat na bang ebidensya ang mga text? Ano po bang pede ikaso sakin at ano ang mga penalty?

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10 Re: PREGNANT MISTRESS RIGHTS? on Sat Mar 12, 2011 11:26 pm

sopnash


Arresto Menor
Hi atty.,

Buntis po ako sa ex-bf q na married na..The day i found that I'm pregnant I decided na layuan xa. Pero sa sobrang galit ko minsan sa kanya natext q ung asawa nya admitting that I am pregnant with her husband. After few months, nagttext ung girl na idedemanda daw aq at ang asawa nya dahil sa pagbubuntis ko sa aswa nya.Sapat na bang ebidensya ang mga text? Ano po bang pede ikaso sakin at ano ang mga penalty?

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11 Re: PREGNANT MISTRESS RIGHTS? on Sat Mar 19, 2011 9:57 am

attyLLL


moderator
texts can be used as evidence if it can be proven that you were the one who sent them. on the other hand, if you did not live in with the husband, then i doubt any criminal case will prosper.


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12 Re: PREGNANT MISTRESS RIGHTS? on Mon Mar 12, 2012 6:05 pm

Coh Ricz


Arresto Menor
Atty.

Good morning! I think my friend has a similar case. My friend's husband impregnated another woman. The mistress is asking the father's financial support for the child. My friend and her husband is threatened by this mistress, that she is going to file a case against them if this financial support will not be given. My friend is an ofw and now living with his husband here in Riyadh. The couples agreed to support the child at the age of 5. Does this mistress has any right to file a case? Please enlighten me. My friend is bothered and afraid that her married life will be ruined again.

More power and God Bless...

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13 Re: PREGNANT MISTRESS RIGHTS? on Thu Mar 15, 2012 1:19 pm

Lezah_13


Arresto Menor
Atty,

Nalaman ko po na may ibang babae ang asawa ko & my anak sila nagsasama na po sila sa isang bubong mga 6 yurs. na noong nakaraang buwan ko lang nalaman at inamin naman sakin ng asawa ko na anak nya ang bata. Nakipaghiwalay po ako sa kanya. Ano po ang puede kong gawin kasi sinasabi ko na kakasuhan ko sila ng babae ang sabi nya sakin ako naman daw ang nakipaghiwalay...ano po ang puede kong gawin?kasi pinapalabas ng pamilya ng girl na hindi nya alam na may asawa ang asawa ko. Sana po matulungan nyo ako sa problema ko

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14 Re: PREGNANT MISTRESS RIGHTS? on Sun Mar 18, 2012 12:08 pm

attyLLL


moderator
coh, support should begin from the time of conception.

lezah, concubinage


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15 Re: PREGNANT MISTRESS RIGHTS? Today at 8:19 am

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