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Is it legal to use a man's surname when not legally married?

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Arresto Menor
Good day po,

My mom and dad are not legally married. They're in a common-law relationship kasi may ibang family po ang papa ko. Hindi po annulled ang papa ko sa wife niya pero may court order signifying that they're legally separated, and his wife is the guilty party.

Ngaun po, my mom uses my dad's surname kasi yun po ang ipinagamit ng papa ko sa kanya. Is it legal? Or will she be sued by the other family for it?

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