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annulment and child custody

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26 Re: annulment and child custody on Tue Nov 23, 2010 9:42 pm

attyLLL


moderator
i recommend annulment only when there is a real ground to annul a marriage. you can have your marital history reviewed by an attorney to see if there is a good ground.

yes, you can file a case of adultery. do you know under whose name the child was surnamed? you should note that the law looks at the child as yours and you have to file a case to impugn the legitimacy of the child.

you can start a case even if you are outside of the philippines, but you will have to come home to testify.


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27 Re: annulment and child custody on Wed Nov 24, 2010 5:13 pm

wiljon


Arresto Menor
thank you atty, for immediate response as i know her surnamed that she use for her child,i'm not sure i just saw her FB accnt, under the child name. How it was atty if the child under her surnamed? and for the annulment case po ba, may nadedesisiyunan na dis approve? and need we both agree for the filing of anullment case? how if kung ako lang po ang nag agree ? it is possible to continue the case? Thank you very much po atty.

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28 Re: annulment and child custody on Thu Nov 25, 2010 11:10 am

attyLLL


moderator
consent is not required to file an annulment case. if the ground is not proven, then the annulment is not granted.

as for the child's birth certificate, sometimes the civil registrar does not question what is reported so they just put whatever name is stated. she may have declared herself to be single.


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29 Re: annulment and child custody on Tue Nov 30, 2010 6:57 pm

sarah


Arresto Menor
atty, i need your advice. i was married with 3 children ages 12, 7, 4. i'm currently out of the country with my eldest child. i have been told that my ex husband has filed for an annulment. letters were sent to my old address in the philippines. i have not checked the letters but my family has opened the letters out of curiosity. it was an annulment petition where im the one who is psychologically incapacitated. there was no mention of financial support or custody, i was told...

my two other children were left in the philippines under the care of my parents and a yaya. i plan to get them next year so we will all be together abroad. my concerns are:

1. i don't know if my marriage has been annuled because i dont know what's going on. it would hurt me so much if i would be proven as the one who is psychologically incapacitated. i never cooperated in the annulment proceedings, never showed up and never responded to the letters because i didnt receive the letters and im not in the phils. how do i know if my marriage has been annuled? do i need to sign anything to finalize the judges's decision if ever?

2. i'm taking my 2 children out of the phils next year. they have resident visas abroad and the visas have been granted before the filing of the annulment. how do i know if my ex husband (may) have filed for custody claim? i dont want to go back to the phils, buy plance tickets for the children only to be disappointed that i can't bring them out of the country. i have heard of a "hold departure order" is that possible in this case?

thanks in advance

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30 Re: annulment and child custody on Wed Dec 01, 2010 2:42 pm

attyLLL


moderator
1)you can check at the court where the case is being heard. no, your signature is not required.

2) you should receive a notice that your husband is filing for custody. ask your parents to review the document they received. the petition may have included this in the prayer.

3) it is possible to have hdo's issued in child custody cases, but only if there is an application for one.


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31 Re: annulment and child custody on Wed Dec 01, 2010 5:24 pm

sarah


Arresto Menor
thanks for the quick answer.

grabe naman po kung ganun. im out of the country and i have no knowledge about the filing of annulment. i wasnt even able to represent myself in court... tapos baka annuled na pala ang marriage ko.

yung letters and documents po nabasa ng mother ko. sabi nya sa annulment walang petition for custody, parang visitation lang. im not even sure if that was granted. then puro registered mail na po yung dumating sa old residence ko kaya hindi rin nila ma-claim and ma-open. im really clueless sa mga nangyayari. i wish there's something i can do. di ko rin alam kung saang court naka-file yung annulment.

*** question po about HDO. since im out of the country, can i ask a relative to check with DFA if my children are on the list? do they just have to give the names and DFA will tell them if those names are on the list or not?

it's very important that i know if there is a custody case in process and kung may HDO coz im planning to get the children. sayang naman kung uuwi ako ng Phils and maho-hold lang kami sa airport

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32 Re: annulment and child custody on Wed Dec 01, 2010 8:14 pm

attyLLL


moderator
as you said, you ignored the notices. that was your opportunity to be heard. but it might not be too late. have your parents look at the petition and notices they received to see where it was filed. even if it was registered mail, they could have received them; my bet is they were telling the mailman that you did not live there anymore.

checking of hdo is at bureau of immigration, not dfa. you can ask your family to check for you or get some other representative or lawyer to do it. it's a fairly simple process; it took me just a day for a client.


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33 Re: annulment and child custody on Sat Dec 11, 2010 1:49 pm

raqz


Arresto Menor
gud day po, may mlaki po meng problem, i am a licensed teacher and i was raped by my bf when i was 18 and forced to marry him in 2006, ndi po tlga kmi mgkasundo ng husband q at naging battered wife po aq. ng abroad po siya at mejo ngkaroon ng freedom aq ksi po nakakasakal na po siya, at dumating po ung point na na inlove po tlaga aq sa other guy, at ngkaroon kami ng relasyon,inamin ko po sa husband q na may mahal na po akong iba d2, at surprisingly, umuwi xa d2 pinas at nangalap xa ng mga ebidensyang mga pictures nmin nung guy at gnagawa niang panakot sakin, magdedemenda daw po siya against me....consider po bang mbigat na ebidensya ang mga pictures? help me po, kc po kinakalat nia ung mga pix sa skul at didvision po namin...salamat po.

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34 Re: annulment and child custody on Sun Dec 12, 2010 7:15 am

attyLLL


moderator
the proper criminal charge he can file against you is adultery, but that is the act of a married woman having sexual intercourse with another man not her her husband.

it is not a crime to fall in love, and pictures are not evidence of sexual intercourse. don't live in with him and don't get documented going to motels.

what do you mean kinakalat niya yung pictures? he is pinning copies on bulletin boards? there is proof that he is the one doing so?


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35 child custody on Wed Dec 22, 2010 8:41 am

arale


Arresto Menor
hello po. gusto ko po malaman kung ano po dapat ko gawin para makuha ko ang custody sa anak ko. 6 years old na po ang anak ko at malapit na sya mag 7 years old sa september.

hindi po kami kasal ng tatay nya. nung 4 years old sya iniwan ko siya sa tatay nya dahil nagaaway na kami ng madalas na hindi ko na siya kaya samahan. Wala akong trabaho non kaya di ko siya magawang kuhanin dahil wala akong pera para alagaan siya.

ngayon po may trabaho nako at gusto ko ako na ang magpalaki sa anak ko ang problema ay tinatago siya ng tatay nya sa akin. ang usapan namin noon ay pwede ko makita ang bata pero binablack mail niya ako na dapat dun ako tumira kasama niya kundi ay di niya papakita ang bata sakin. nang minsan sinubukan ko bisitahin ang bata, hinarang nya ako para di ito makita.

ngayon dinala niya to sa probinsya ng hindi sinasabi sa akin at ayaw din sabihin saan ito nakatira o saan nagaaral. hindi ko rin mahiram ang bata dahil praning siya na baka hindi ko ibalik ang bata sa kanya at pinipilit na iniwan ko daw ang bata sa kanya kaya siya ang may karapatan magpalaki rito.

nahihirapan na po ako sa ginagawa nya. alam ko po may pagkukulang ako ng iniwan ko ang bata sa kanya pero dahil po wala akong trabaho noon at sinasaktan na rin ako ng pisikal ng tatay nya.

nagresearch na po ako ng requirements para sa PAO pero hindi po ata abot ang net income ko dahil masmataas ang net income ko sa max na pwedeng igrant ng PAO.

gusto ko po malaman kung ano po ang dapat ko gawin at magkano ang posible ko gastusin para makuha ang bata.

sana po matulunga niyo ako. maraming maraming salamat po.

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36 Re: annulment and child custody on Wed Dec 22, 2010 10:07 pm

attyLLL


moderator
cost will depend on which lawyer you retain. you can also visit the legal aid offices of law schools or the Integrated Bar of the Philippines.

The mother of an illegitimate child has sole parental authority and the right to custody. at most, the father can have visitation rights. even if you gave custody to them before, it does not amount to a permanent relinquishment of your right.

your first challenge is to locate them. find your son through your husband and his family. you will have to do research and investigative work. don't expect the lawyer to do that for you. try facebook or even asking help from local authorities where you suspect him to live.

once you find him, send a demand letter to them to return your son. you can escalate by filing complaint at the bgy. finally, you can either file petition for habeas corpus and/or criminal case of kidnapping of minor or vawc. good luck.


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37 Re: annulment and child custody on Thu Dec 23, 2010 10:20 pm

breakfree08


Arresto Menor
Hi attyLLL,

I have problem with my son's custody. Naghiwalay kami ng wife ko last year July,2009. May lalake po sya sa dubai. Bali 7 months pa lang yung baby namin nuon nung umalis sya papuntang Dubai, tas after 1 year bumalik may kasama syang lalake pauwi, sabi kaibigan lang daw. So ignore ko lang. Then bumalik sya ulit ng dubai. After a year ulit, bumalik sya pinas, duon ko na naramdaman na sobrang malamig sya. So nag imbestiga ako at may lalake nga sya. Same person nung unag uwi nya. Ang tanging ebidensya ko lang eh alam po ng tita nya sa dubai na meron nga syang lover dun, pictures na hinahalikan sya pero 3 sila dun sa picture. By the way nagpalaglag po sya ng bata nuon before naging kami as bf/gf. Currently sa akin po yung bata nakatira.

Ang question ko po kung panu po mapupunta yung custody ng bata (4 years old) sa akin, although ngayon nasa dubai sya at nasa isang bahay bed sila natutulog. What if bumalik sya at kunin ang anak ko ng wala pang 7 years old?

As of now wala po kaming communication, di rin sya nagpapadala ng pera.Pero nagpapadala ng package sa byenan ko para sa bata like toys and clothes pero once/twice a year lang.

Appreciate your legal advise. Salamat po sa tulong. God bless you always!

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38 Re: annulment and child custody on Fri Dec 24, 2010 8:24 am

arale


Arresto Menor
attyLLL wrote:cost will depend on which lawyer you retain. you can also visit the legal aid offices of law schools or the Integrated Bar of the Philippines.

The mother of an illegitimate child has sole parental authority and the right to custody. at most, the father can have visitation rights. even if you gave custody to them before, it does not amount to a permanent relinquishment of your right.

your first challenge is to locate them. find your son through your husband and his family. you will have to do research and investigative work. don't expect the lawyer to do that for you. try facebook or even asking help from local authorities where you suspect him to live.

once you find him, send a demand letter to them to return your son. you can escalate by filing complaint at the bgy. finally, you can either file petition for habeas corpus and/or criminal case of kidnapping of minor or vawc. good luck.

thanks po sa reply. tanong ko lang po, saang barangay ako magfifile ng complaint? ang alam ko nasa metro manila yung tatay pero yung bata is kineclaim nya na nasa probinsya. kailangan po ba alam ko saan ang exact location ng bata bago ako magfile ng criminal case? ang kaya ko lang siguro malaman agad is kung saan nagtatrabaho yung tatay pero kung saan sila nakatira talaga hindi ko alam so hindi ko alam aling barangay ako magfifile ng kaso.

pwede ko na po ba kasuhan na agad yung tatay kahit di ko pa alam kung nasaan ang bata? thank you.

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39 Re: annulment and child custody on Fri Dec 24, 2010 3:25 pm

attyLLL


moderator
ideally, at the barangay where the child is located. i recommend you begin with a demand letter.


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40 Re: annulment and child custody on Wed Dec 29, 2010 5:34 pm

ranne


Arresto Menor
may asawa po ako sa dubai ung babae nya ngayun 4months ng buntis.. ung hiwalayan namin eh walang usap na maayos kasi ayaw nya ako harapin at linawin lahat kung ano reason kasi pinagtatakpan nya na may iba sya sa dubai. tuloy tuloy naman padala nyang sustento pero nitong huling dalawang padala nabawasan na. una palaisipan sakin yun kung bakit gang sa nabalitaan ko na nga na buntis na nga yung kabit. ano po ba pede kung gawin para naman malaman ko kung ano talaga para samin ng anak ko? 3years kaming di naguusap kasi ayaw nya nagtatago bale sya. basta nalang sya nagpapadala nga. diko alam kung sa batas ba eh sapat ung nakukuha namin o hindi. need ko po ng advice sa gagawin ko po. tnx po.

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41 Re: annulment and child custody on Thu Dec 30, 2010 5:34 pm

neroethan


Arresto Menor
Hi. My ex and I got separated in 2002 and my daughter was living with her for 6 years. 2008 when one of her relatives brought my daughter to my house and
they as well as my daughter told me that my ex is already living with her new husband and already have 2 kids. They also told me that my ex is living in a separate house from her parents and my daughter is living with my ex's parents eversince my ex had her new family. I was able to get my daughter and she lives with me since April 2008 upto now.
And because of many traumatic experience of my daughter from their hands like when my daughter was 3 years old she was brought in the motel (Victorias Court) where my ex and her boyfriend were also there. Aside to that, my daughter had a serious respiratory ailment and I took her to hospital until she fully recovered. The time I got my daughter I went to our barangay to make a complaint and blotter to protect my daughter from my ex and her parents. I also went to women's desk and they told me not to give my child to them and avoid them from visiting my child. With regards to this, I would like to seek for your advice on how I can protect my daughter from my ex because she is making a scandal in our place just to get my daughter back to her.

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42 Re: annulment and child custody on Thu Dec 30, 2010 5:47 pm

breakfree08


Arresto Menor
up ko... Happy New year!!!

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43 Re: annulment and child custody on Fri Dec 31, 2010 4:15 pm

attyLLL


moderator
breakfree, sorry for skipping on your question. if i understand correctly the child is living with you. you can either file a petition to declare yourself a sole custodian, but note, this will not prevent the mother from later filing her own petition to get the child back.

or you can just wait quietly now, and later resist any attempt to take your child without a court order.


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44 Re: annulment and child custody on Fri Dec 31, 2010 4:18 pm

attyLLL


moderator
neorethan, i take it you are not married to the mother?


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45 Re: annulment and child custody on Sat Jan 01, 2011 12:58 am

neroethan


Arresto Menor
I am married to my ex and now she have a new family with 2 kids. We are now separated for eight years. And I just had my new family July 2010.

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46 Re: annulment and child custody on Sat Jan 01, 2011 3:42 pm

attyLLL


moderator
neo, as a legitimate father, you have equal right to custody over your daughter. i recommend that you do not prevent the mother from visiting the child, and definitely no staying with her until there is a clear agreement on custody and visitation.


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47 Re: annulment and child custody on Sun Jan 02, 2011 7:59 pm

neroethan


Arresto Menor
attyLLL wrote:neo, as a legitimate father, you have equal right to custody over your daughter. i recommend that you do not prevent the mother from visiting the child, and definitely no staying with her until there is a clear agreement on custody and visitation.

Thank you for your response. Additional question, year 2006 when my ex had her new family and now she already had 2 kids. 2010 when I also planned to have my own family. Can she charge me of Bigamy although she already had her new family since 2006?

What are the grounds to be charged of Bigamy?

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48 Re: annulment and child custody on Mon Jan 03, 2011 2:21 pm

attyLLL


moderator
you can charge her with adultery, and she can charge you with concubinage. both charges may prosper if they can be proven.

bigamy is entering into a marriage contract when you are already married. don't do it. anyone can charge you with it.


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49 Re: annulment and child custody on Tue Jan 04, 2011 6:26 pm

breakfree08


Arresto Menor
attyLLL wrote:breakfree, sorry for skipping on your question. if i understand correctly the child is living with you. you can either file a petition to declare yourself a sole custodian, but note, this will not prevent the mother from later filing her own petition to get the child back.

or you can just wait quietly now, and later resist any attempt to take your child without a court order.

Thanks for the adivse. Maybe i just wait for her attempt to get my child. Yes, my child is with me. May I know what ground/s that will prevent her to win the child custody? Is it enough that she admitted to me orally that she had an affair with the other man? And the testimonies of aunts and friends in dubai that know her infidelity? And also a picture of a guy kissing her? That she abandon us for 2 years now (no phone calls but she delivered a package for our child twice). As well as her previous case of abortion? Again, thank you for answering our inquiries! More power!!!

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50 Re: annulment and child custody on Tue Jan 04, 2011 8:24 pm

attyLLL


moderator
just make sure you can establish your points with evidence, preferably with some form of documentary evidence aside from testimony.


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