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annulment and child custody

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1 annulment and child custody on Tue Aug 31, 2010 8:09 pm

zildjham26


Arresto Menor
hi! i am a father of a 5 year old son who lives with me right now. just yesterday i contacted the mother ( i considered my ex wife), and we both agreed to file for an annulment. by the way she is in singapore and i believe she is living with someone else already. she said she'll share for the expenses of my son but then i heard from her relatives and friends that given the right timing she'll bring my son abroad. is there any way that i can keep my son with me? i am working here in makati, and i am capable of bringing him up. do you have any idea on how much money should i prepare for the annulment case?i am also thinking on what grounds should i file. i have emails as proof of her infidelity.
pls help enlighten me on what to do..











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2 Re: annulment and child custody on Tue Aug 31, 2010 10:20 pm

attyLLL


moderator
if you are married, you have a right to custody also. allow her to visit but you can validly refuse to give custody without a court order. she will have to file a case, and you can contest as best you can.

note that there is a maternal preference for children below 7 but you have the opportunity to contest by showing good reasons why she should be denied custody. if you can drag it out until he is more than 7, your son's choice will be given weight by the court.

annulment requires a valid ground. in my experience if the ground is not psycho incapacity, the cost can be around P50k, 150k if for psycho incapacity. good luck.


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3 Re: annulment and child custody on Wed Sep 01, 2010 11:36 pm

zildjham26


Arresto Menor
atty, i received a call from her yesterday,she sent money for my son and since i am capable of raising my son alone i refused to accept such allowance for my son. I am afraid that if i accept that amount of money from her, she'll have the grounds to get the custody of my son. upon researching, i found out that immorality is a ground for child custody. those emails sent to me, is that enough evidence?

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4 Re: annulment and child custody on Thu Sep 02, 2010 3:38 pm

attyLLL


moderator
emails can be good basis depending on what they state and if you can prove that it came from her. living with someone else can be confusing to the child. you also have to establish that you oppose their being together otherwise you may be deemed to consent to it.

i don't see any problem with receiving support for your child.


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5 Re: annulment and child custody on Thu Sep 02, 2010 7:05 pm

zildjham26


Arresto Menor
atty, those emails were sent to me by a girl from singapore who was the fiancee of my wife's lover. she happened to know the password of the lover and everytime my ex wife sends him an email she forwards it to me... will the court honor such evidence for annulment and child custody? if not, what other grounds should i consider in filing for an annulment case?

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6 Re: annulment and child custody on Thu Sep 02, 2010 8:13 pm

attyLLL


moderator
zild, no, those emails are private communication and they were acquired illegally. try to get email admissions from her or even better, testimony from people in singapore that they are living together.


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7 Re: annulment and child custody on Fri Nov 12, 2010 10:07 pm

Basti


Arresto Menor
Atty.,
Good day,, Paano ang tamang gawin namin ng GF ko. Meron po kasi syang asawa which is gusto na nya hiwalayan sa kadahilanang maraming bagay na silang hindi napag uunawaan , walang trabaho ang kanyang asawa sya lang po ang meron work para mabuhay nya anak nya. then yung asawa po nya ay sumasandal lang sa magulang nung lalaki , lagi ring lasing, panay ang sabong.. aT DATING GUMAGAMIT NG IPINABABAWAL NA GAMOT... ANO PO ang pwedeng ifile nya para sa annulment. pero dapat muna namin itago relation namin para makuha nya rin ang bata... Matgal po ba ang processo ng annulment at mahal po ba ito...salamat po

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8 Re: annulment and child custody on Sat Nov 13, 2010 3:47 pm

attyLLL


moderator
basti, you should visit a lawyer to have her whole marital history reviewed to see if there is a basis to have her marriage annuled.

you should be aware that having sexual relations with a married woman is considered adultery. good luck.


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9 Re: annulment and child custody on Sun Nov 14, 2010 4:41 am

Basti


Arresto Menor
My Kulong po ba sa adultery.?

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10 Re: annulment and child custody on Mon Nov 15, 2010 10:55 pm

Basti


Arresto Menor
Pag sinabi po bang adultery ang case dapat po ba patunayan na my nang yari na sexual intercourse o kahit makita lang na magkasma..

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11 Re: annulment and child custody on Tue Nov 16, 2010 3:24 am

Basti


Arresto Menor
Example nakita mag kasama sa mall.. sa mga galaan?/

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12 Re: annulment and child custody on Tue Nov 16, 2010 2:16 pm

attyLLL


moderator
being seen publicly is not adultery, but going to motels repeatedly or living together can be considered evidence of adultery. the normal evidence is if the girl gets pregnant.


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13 Re: annulment and child custody on Tue Nov 16, 2010 8:52 pm

Basti


Arresto Menor
huuuu.. tnx for the adviced atleast we know our limitations..

One more thing .


ganito po situation nila sa haus nila sabi po nya na pag dating sa pera need pa nya utangin sa asawa nya then pag di agad nagbayad si babae galit na galit yung guy at kahit kaharap yung bata sinasabihan sya ng mga malaaswang salita gaya ng "pokpok ka!" "nagpayari ka nanaman" ganyan . then kasi yung guy wala po work bali yung mother nung guy ang humahawak sa pera nung lalaki na ipinamana sa kanya ng tatay nung guy na namatay na.. then pinapautang lang nung mother ng guy yung pera din ng guy.. ganun ang situatuan.. kaya lalo magulo ang family nya.. tapos lagi nya nakikitaan ng condom sa wallet yung asawaa nya at sinasabi sa kanya na wag kukunin dahil my yayariin sya mayang gai or the next day... kaya gusto na nya makipag hiwalay. natatakot lang yung girl kasi baka daw hindi nya makuha yung anak nya kasi hindi namn ganun kalaki sahod nya sa work nya.. sabi ko sa kanya atleast ikaw hindi ka pasaway kasi say my work di gaya ng asawa nya wala work lagi pa lasing at sugal gaya ng sabong. what to do po tnx for the advices..

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14 Re: annulment and child custody on Tue Nov 16, 2010 8:58 pm

Basti


Arresto Menor
5 years old lang yung bata. madalas pa sabihan na malas daw yung bata.

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15 Re: annulment and child custody on Wed Nov 17, 2010 7:00 pm

attyLLL


moderator
she can move out without need of legal remedy, and bring her child too. if she can prove those matters you mentioned, then it can be basis for psychological violence under ra 9262.


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16 Re: annulment and child custody on Wed Nov 17, 2010 8:34 pm

Basti


Arresto Menor
san court po ba ang ibig nyo po sabihin na kung maiprove??? before she move out or after she moved out?

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17 Re: annulment and child custody on Wed Nov 17, 2010 8:35 pm

Basti


Arresto Menor
sa court po ba ang ibig nyo po sabihin na kung maiprove??? before she move out or after she moved out?

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18 Re: annulment and child custody on Wed Nov 17, 2010 9:02 pm

attyLLL


moderator
what i mean is she can move out of the home without a court order. she can bring her child.

separately, she can file a criminal case against the husband. the insults that she endured can be proof of psych violence. she has to prove it first before the prosecutor and then the court. good luck.


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19 Re: annulment and child custody on Wed Nov 17, 2010 9:11 pm

Basti


Arresto Menor
ahhhhhhhhhhhhhh... ganun pala yun..

ito po ang mga dapat gawin
1. Moved out and bring the child
2.file a criminal case
3.also psychological violence under republic act 9262
4.should have the evidenced about the insult na nagawa sa kanya.
Pwede po ba yung mga nirecord nya na away nila sa pamamgitan ng celphone.?
5.?
6.?
If meron pa po ano pa po?
tnx po talaga..

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20 Re: annulment and child custody on Wed Nov 17, 2010 9:17 pm

lovely01


Arresto Menor
Good Evening, I am planning to file Ra9262 against my husband who has a very high position in the govt. He filed an annulment case against me last 2008. wE HAVE 5 KIDS ON WHICH 3 ARE STILL MINORS. He wants my kids to go and spend the summer with him so that they could avail of all the dependents benefits or else we have to pay daw for evrything that they have provided us. He is one of the dept heads in UN Geneva. But accdg to what I have researched, it doesn't go that way. Is this a kind of threat so he can get our kids to go to Geneva? Do I have the right to disagree and have the final say?I am their Guardian since he left, and by the way he has a kabit with 2 kids who resides in the Us now and accdg to my eldest child he now has a new girlfriend , working in the same company,help please

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21 Re: annulment and child custody on Thu Nov 18, 2010 5:45 pm

attyLLL


moderator
lovely, you can oppose his petition for annulment by actively defending against it. if any of your children are below 7 years old, then they should stay with you. he cannot compel you to turn them over and has to file a petition for custody to do so. the support he gave is not refundable; as the wife you are co-owner of all your properties including his salary.

does he still give support? if he is using this issue to manipulate you, you can file a case for economic abuse under ra 9262. repeated marital infidelity can also be a basis, but harder to prove unless you have evidence such as birth certificates of his other children. good luck.


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22 Re: annulment and child custody on Thu Nov 18, 2010 5:46 pm

attyLLL


moderator
basti, i am not giving recommendations. i am just stating her options. a decision to sever your family is not to be taken lightly.


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23 Re: annulment and child custody on Fri Nov 19, 2010 8:54 pm

Basti


Arresto Menor
pwede po ba mag file din ng annulment..? gaano po ba katagal ang processso nito at any idea how much will cost?

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24 Re: annulment and child custody on Sat Nov 20, 2010 7:54 am

attyLLL


moderator
basti, 1-2 years. depends on what ground and the lawyer you retain. normally 100-150k


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25 Re: annulment and child custody on Mon Nov 22, 2010 10:53 pm

wiljon


Arresto Menor
Atty,

Good day, ano po ba dapat kong gawin isa po akong ofw pede ko po ba kasuhan ng adultery ang ex wife ko kahit na mahigit na isang taon na po itong nakalipas? bale po nagkaroon po sya ng anak sa ibang lalake habang ako po ay nasa ibang bansa. hiwalay na po kami bale may dalawa po kaming anak nung umuwi po ako nung last year napagkasunduan po namin mag tigisa kami sa custody ng bata,bale po ang nagaalaga ng anak ko yung nanay ko,lately po hiniram nya po yung bata pero hindi nya na po ibinalik at kasalukuyan po sya nag aaral kaya nahinto na po sya school ano po dapat gawin ko? sana po matulungan nyo ako sa dapat ko pong gawin hakbang, kung mag pa file po ba ako ng annulment kailangan po ba na nasa bansa ako? maraming salamat po...

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