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Rights of an Illegitimate Child

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1 Rights of an Illegitimate Child on Fri Jul 04, 2014 2:06 pm

lostphoenix


Arresto Menor
Hi, I am still married with my first husband. But we are not anymore living together since 2005. I have current relationship for 2 years and I'm now pregnant on my 5th child (first four are with my 1st husband)..But lately we have been on complicated relationship with the father of my current child..what is the right of my 5th baby over his biological father and over my husband? But I am more interested on hearing what can the child gets from his true father. Please help. Thank you.

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2 Re: Rights of an Illegitimate Child on Sun Jul 06, 2014 11:59 am

myst01


Arresto Mayor
With all due respect madam, as far as the law is concerned, your 5th child is still considered as a legitimate child of your husband given that your marriage with him has not yet been dissolved, subject of course to his right to impugn the legitimacy of the said child. thus, in the absence of a court order/decicion for that matter, your 5th child may still be entitled to support from your husband being his legitimate child under the law.
in as far as the biological father of your 5th child is concerned, he cannot be compelled to support your 5th child unless he acknowlege the said child as his. But, even if he acknowledged the child as his such acknowledgement cannot be legally binding unless there is a court order daclaring the child as not the child of your husband. In short, your child cannot get anything from his true or biological father as of the moment.

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3 Re: Rights of an Illegitimate Child on Tue Jul 08, 2014 9:59 am

lostphoenix


Arresto Menor
Thank you, that enlightens me. What if the biological father acknowledges my child as his and would like to pursue his right over the child. But since it is clear that my child will be legitimate under my husband's surname and I don't want to create confusion on my child's being, has the bio father that right over my child? what can i do as early as now to make sure he will not introduce himself to my child and/or even insist himself as the father of my child. While I my child is not born yet I know I need to do something to ensure future issues with our lives together. Please advise.

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4 Re: Rights of an Illegitimate Child on Tue Jul 08, 2014 1:39 pm

concepab


Reclusion Perpetua
Unless your husband dispute the legitimacy of your 5th child, he/she will be considered as your husband's child and will carry his name and will have the rights of an legitimate child.

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5 Re: Rights of an Illegitimate Child on Fri Jul 11, 2014 11:24 am

vj_0221


Arresto Menor
good day!

i would like to ask legal opinion concerning the rights of a child. my husband is an illegitimate child. he was born prior his father got married. now, his father married with 3 kids. the moment, he ask support even during his elementary days to support for him his father refused. he is using the family name of his mother. what shall we do?

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6 Re: Rights of an Illegitimate Child on Fri Jul 11, 2014 4:07 pm

garthbishop


Arresto Menor
If the Father signs his name on the Birth Certificate,, then he has Rights as the Father... if he NOT sign his name,, but later claims Rights then he has to go to Court and have DNA TEST...

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7 Re: Rights of an Illegitimate Child on Sat Jul 12, 2014 2:15 pm

myst01


Arresto Mayor
to lostphoenix:

Thank you, that enlightens me. What if the biological father acknowledges my child as his and would like to pursue his right over the child. But since it is clear that my child will be legitimate under my husband's surname and I don't want to create confusion on my child's being, has the bio father that right over my child? what can i do as early as now to make sure he will not introduce himself to my child and/or even insist himself as the father of my child. While I my child is not born yet I know I need to do something to ensure future issues with our lives together. Please advise.

if your husband suceeded in impungning the child as his and it was declared by a competent court that he is not indeed the father of your fifth child, then you cannot deprive the biological father of his right to acknowledge the child as his.
be that as it may however, just let things as it is for now. anyway your child is not yet born so your husband's right to question the legitimacy of that child has not yet commenced, consequently, the biological father can not claim the child as his either. even if he does, in the eyes of the law your husband is still his father.
had the child been born, your husband is given at least a term of one(1) year to question the legitimacy of your child if both of you are living in the same City or province, 2 years if living in different Cities or provinces and 3 years if one is living abroad.

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8 Re: Rights of an Illegitimate Child on Mon Jul 14, 2014 7:47 am

lostphoenix


Arresto Menor
Thank you sooo much my free lawyers !! Smile

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9 Re: Rights of an Illegitimate Child on Mon Jul 14, 2014 7:05 pm

concepab


Reclusion Perpetua
vj_0221 wrote:good day!

i would like to ask legal opinion concerning the rights of a child. my husband is an illegitimate child. he was born prior his father got married. now, his father married with 3 kids. the moment, he ask support even during his elementary days to support for him his father refused. he is using the family name of his mother. what shall we do?

What you want to do?

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10 please help me on Tue Jul 15, 2014 5:58 pm

marrellopez


Arresto Menor
good day! magtatanung lang po ako kasi kaka8 yrs old lang po ng anak kong lalaki. nagsama po kami ng ama nya mula 2006 hanggang august 2010. ever since po nasa custody ko na ung anak namin nagbibigay naman po sya ng support pero ndi po consistent pag lang po hinihiram nila ung anak ko pag hinahatid po saka lng nagbibigay. nung naghiwalay po kami nagkarelasyon napo sya sa iba at nagkaanak na po. 1 year old napo anak nya ngaun. tas 2011 po or 2012 nagtrabaho po sya sa saudi. pero ganun padin po ang pagsusustento nya. ako din po ay nagkaron na ng kinakasama at kasalukuyang 7 bwan n buntis na. last april po ay nagkaron ako ng problema sa kapatid ko dahil nasaktan ako physically ng kapatid ko, nagdesisiyon po kami ng kinakasama ko na ihatid na muna sa atimonan yung anak ko para dun muna magstay sa family ng papa nya. May 2014 po umuwe sya galing saudi. at mula nun nagpasukan nakakausap ko lang sa cp anak ko pag natatawagan ko pero sa mga text po hindi po sya nareply. nahiram ko lang po anak ko july 4 hanggang july 6. pinuntahan ko po sya sa atimonan nung july 3, kasi po bday nya at nakita kopo lagay ng anak ko sa skul gusgusin tapos wala pong bagong sapatos masisira na yung gamit nyang sapatos which is yung binili pa namin ng kinakasama ko last year hindi din daw po sya binilhan ng bag ng papa nya at hindi daw po sya binili ng sapatos kasi wala daw pong pera. that exact day nakakwentohan ko yung pinsan ng ama ng anak ko sinasabi na nagpapainum nga daw yun ng libo ang gastos at napakalabo po na mawalang ng pera sila kasi may negosyo sila at mayaman po ang pamilya nila. ang tanong ko po kahit po ba 8 years old na ang anak ko ay may karapatan pa po ba ako mabawi ang anak ko kasi paalis na po ulit sya papuntang saudi sa august. balak ko po sana kunin ko na yung anak ko pagkaalis nya. salamat po. sana po matulungan nyo ako. naiistress nako kakaisip kung anu pede kong gawin. kasi kapag kinuha ko na agad ang anak ko ngaun alam kong hindi nila ibibigay sakin. Crying or Very sad

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11 Re: Rights of an Illegitimate Child on Fri Aug 01, 2014 5:25 pm

a.k.a Belle


Arresto Menor
good day,

My child is a illegitimate child,pero hinde nya gamit ang surname ng father nya kasi po when i gave birth the father of my child is not here. His working in Dubai at may family po cia. pero kinikilala nya nman nya ung anak nmin, i only have pic of my child and the father together.or pede ko din po ba mging prof ang mga conversation nmin regarding sa bata na Kinikilala nman po nya to the point na gusto nya pa kunin skin,pero hnde ako pumayag..may karapatan po ba ko humihingi ng financial support nya. My child is now 6 yrs old and studying... I have work but i want her to have a savings for her future kaya i'm asking is it possible na makakuha cia ng support from her father.Since nsa Dubai po ung father nya kaninu ko po ba dapat ilapit ang concern ko??PLSS help me ...i'll be waiting for this response po ..Maraming Salamat.

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12 Re: Rights of an Illegitimate Child on Fri Aug 01, 2014 6:38 pm

concepab


Reclusion Perpetua
a.k.a Belle wrote:good day,

My child is a illegitimate child,pero hinde nya gamit ang surname ng father nya kasi po when i gave birth the father of my child is not here. His working in Dubai at may family po cia. pero kinikilala nya nman nya ung anak nmin, i only have pic of my child and the father together.or pede ko din po ba mging prof ang mga conversation nmin regarding sa bata na Kinikilala nman po nya to the point na gusto nya pa kunin skin,pero hnde ako pumayag..may karapatan po ba ko humihingi ng financial support nya. My child is now 6 yrs old and studying... I have work but i want her to have a savings for her future kaya i'm asking is it possible na makakuha cia ng support from her father.Since nsa Dubai po ung father nya kaninu ko po ba dapat ilapit ang concern ko??PLSS help me ...i'll be waiting for this response po ..Maraming Salamat.

Send demand letter and file petition for support.

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13 Re: Rights of an Illegitimate Child on Sat Aug 30, 2014 5:22 pm

singlemom2times


Arresto Menor
is there a way for me to send a demand letter kng hndi ko po alm ung physical address ng father ng kids ko?

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14 Re: Rights of an Illegitimate Child on Sun Aug 31, 2014 1:33 pm

concepab


Reclusion Perpetua
singlemom2times wrote:is there a way for me to send a demand letter kng hndi ko po alm ung physical address ng father ng kids ko?

you can send it to his last know address, address of his parents or mga kapatid.

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15 Re: Rights of an Illegitimate Child on Mon Sep 01, 2014 1:31 am

singlemom2times


Arresto Menor
concepab wrote:
singlemom2times wrote:is there a way for me to send a demand letter kng hndi ko po alm ung physical address ng father ng kids ko?

you can send it to his last know address, address of his parents or mga kapatid.

I don't really have any idea about the physical address. Di kasi kmi ngsma, but I know where he lives dhl nkpnta na ako dun before. Ngtatago nga lng cya pti family nya tnatago cya. My iba pa po bang way?

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