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will kid be not be legitimate?

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1 will kid be not be legitimate? on Tue Aug 31, 2010 3:08 am

needtoask


Arresto Menor
if a kid was a product of a marraige that the court deems as null and void (due to the marraige not being valid in the first place), will that mean that:

1) the kid's status change from legitimate to ilegitimate?

2) If the kid is carrying the father's surname, should this be changed to the mother's? How can this been done? will it take long?

3) What happens if mother decides to have kid keep father's surname for school and other records purposes or for not having to change the surname again if mother remarries?

4) If mother remarries, will kid immediately have to follow the new hubby's surname or is there another process to have the kid's names chnaged again for a third time?

Thank you and appreciate your patience in answering all our questions.

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2 Re: will kid be not be legitimate? on Tue Aug 31, 2010 12:38 pm

attyLLL


moderator
it depends on what ground is relied upon to dissolve the marriage. if it was psychological incapacity, the child is still deemed legitimate.


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3 Re: will kid be not be legitimate? on Tue Aug 31, 2010 12:56 pm

zulfikarl


lawyer
If the ground for the dissolution of marriage is Art 36, the children are deemed legitimate by specific provision of law.

Under the Revilla Law, illegitimate children can now adopt the surname of the father as long as they are recognized by the latter in a public or private document..

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4 Re: will kid be not be legitimate? on Wed Sep 01, 2010 1:08 am

needtoask


Arresto Menor
hello, i am being annuled coz my ex apparently had a previous valid marriage. yung wife pa informed me and helped me with the info. so null and void ang marriage ko.

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5 Re: will kid be not be legitimate? on Wed Sep 01, 2010 2:22 am

zulfikarl


lawyer
The second marriage is not only void, it is Bigamous. Your husband could be charged for Bigamy.

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6 Re: will kid be not be legitimate? on Wed Sep 01, 2010 11:04 am

attyLLL


moderator
if the second marriage is void for being bigamous, then the children will be deemed illegitimate. their birth certificates will be ordered modified by the court to reflect this. this should be included in the decision nullifying the marriage.

after this, the father has to issue an Authorization to Use Surname of the Father so that the children can still retain the surname of the father, or you can simply ask the schools to modify their records to match the children's birth certificates.

if you remarry, the child's name is not changed and has no filiation with his step father. i recommend that at that point, the spouses adopt the child to raise him to legitimate status.


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7 Re: will kid be not be legitimate? on Thu Sep 02, 2010 3:06 am

needtoask


Arresto Menor
justo clarify the "spouses" can adopt the child ....... does this mean that both my new hubby and I will have to adopt the kid? isn't she my kid already or is this assuming that the custody will be given to my ex. Kasi if I have custody, won't it be that only the new hubby will adopt the kid?

lastly, will we adopt the kid from the real father? meaning he has to give the child to us and if this is the case, does this mean that the real father cannot be expected to give child support?

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8 Re: will kid be not be legitimate? on Thu Sep 02, 2010 3:58 pm

attyLLL


moderator
you should also adopt to raise your child to legitimate status. it is not just about custody.

hopefully, you can get the consent of your husband to allow him to be adopted else you can convince the child it is still in the paramount interest of the child.


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