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RA 9262, Adultery and Legitimacy problem

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1 RA 9262, Adultery and Legitimacy problem on Sun Sep 14, 2014 8:32 pm

lali1107


Arresto Menor
Hi,

I have so many questions in mind that I need help about.

I got pregnant at the age of 20 last 2010 and had a daughter. After 3 months of having her, my parents and the guy's parents(my boyfriend and biological father of my daughter) agreed to let us get married for the sake of the baby.

March 2010, we got married. After a few months, we had a lot of misunderstanding which led to him hitting me. He even threw my stuff outside the house. I got scared because I didnt have a job that time and if he left me, i cannot take care of my daughter alone. I decided to stay with him even if he was hurting me physically, emotionally and even spiritually(he is forcing me to convert to his religion). I also found out that he was gay. He had some pictures with men in bars and even posted it on his facebook account.

I got a decent job a year after and was earning well. He has been taking advantage of this and took my ATM. My daughter would even see him beat me up. We were scared. I decided to break up with him to protect myself and my daughter. I took my daughter to my mom's so i can work and visit her during my days off.

after a year, I fell inlove with a great guy who loves me and took care of me. He knew about what happened to me and accepted everything. after 2 years, i became pregnant.

Now that im pregnant, my exhusband wants to take custody of my daughter and is threatening me of taking her away and of filing a case of adultery against me if i dont let him take her.

My question is:
--Can he take her even if she is just 4 years old?
--Is she now considered legitimate since we got married after she is born?
--Is him being gay and posting pictures online be considered a scandalous act?
--Can I still file for RA 9262 even if the abuse was done along time ago?(I still have medico legal and some pictures of items he threw at me)

Please help me.. This has been so depressing..

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2 Re: RA 9262, Adultery and Legitimacy problem on Sun Sep 14, 2014 8:36 pm

mimsy


Reclusion Temporal
:-(:-( better consult a lawyer or you go to pao so all your questions will be answered. pero yung tanong mo kung legitimate ang anak mo. yes...ang kinatatakot ko kung magsasampa nga sya ng adultery kasi sa batas legal mo pa din syang asawa at yung pregnancy mo ay isang malaking evidence. better prepare...

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3 Re: RA 9262, Adultery and Legitimacy problem on Sun Sep 14, 2014 8:40 pm

lali1107


Arresto Menor
mimsy wrote::-(:-( better consult a lawyer or you go to pao so all your questions will be answered. pero yung tanong mo kung legitimate ang anak mo. yes...ang kinatatakot ko kung magsasampa nga sya ng adultery kasi sa batas legal mo pa din syang asawa at yung pregnancy mo ay isang malaking evidence. better prepare...

kung ganun, posible ba niya makuha yung anak ko kahit 4 years old palang siya? di na ko natatakot mademanda ng adultery.. ayoko lang sana makuha nya anak ko.. wala namang legitimation na ginawa, diba kelangan pa nun bago pa maging legitimate yung anak ko? tsaka pwede ko pa din ba siya maidemanda ng RA9262??

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4 Re: RA 9262, Adultery and Legitimacy problem on Sun Sep 14, 2014 8:41 pm

AWV


Reclusion Perpetua
My question are:
--Can he take her even if she is just 4 years old?

Depends, because you are pregnant with another man. Usually the children are supposed to be with their mother until 7 years of age.

--Is she now considered legitimate since we got married after she is born?

Not really

--Is him being gay and posting pictures online be considered a scandalous act?

This will be your defence - ensure you have all this evidense so you can file to have your marriage null and void.

--Can I still file for RA 9262 even if the abuse was done along time ago?(I still have medico legal and some pictures of items he threw at me)

Yes of course! send him to prison so he can't threaten you anymore.



Last edited by AWV on Sun Sep 14, 2014 8:44 pm; edited 1 time in total

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5 Re: RA 9262, Adultery and Legitimacy problem on Sun Sep 14, 2014 8:44 pm

lali1107


Arresto Menor
AWV wrote:My question are:
--Can he take her even if she is just 4 years old?

Depends

--Is she now considered legitimate since we got married after she is born?

Not really

--Is him being gay and posting pictures online be considered a scandalous act?

This will be your defence - ensure you have all this evidense so you can file to have your marriage null and void.

--Can I still file for RA 9262 even if the abuse was done along time ago?(I still have medico legal and some pictures of items he threw at me)

Yes of course! send him to prison so he can't threaten you anymore.

Thank you so much for answering. Yung sa first question ko, panong depends yung sagot? depends on what?

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6 Re: RA 9262, Adultery and Legitimacy problem on Sun Sep 14, 2014 8:45 pm

AWV


Reclusion Perpetua
see the edited version above

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7 Re: RA 9262, Adultery and Legitimacy problem on Sun Sep 14, 2014 8:46 pm

AWV


Reclusion Perpetua
But with your case you committed adultery which is not excuse!

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8 Re: RA 9262, Adultery and Legitimacy problem on Sun Sep 14, 2014 8:49 pm

AWV


Reclusion Perpetua
File RA 9262 and petition your marriage to be null and void.

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9 Re: RA 9262, Adultery and Legitimacy problem on Sun Sep 14, 2014 9:24 pm

lali1107


Arresto Menor
now i got confused..

can he take my daughter away from me since i commited adultery? is that grounds for him taking custody? Eh diba di pwede maging legitimate yung anak ko hanggat walang process of legitimation even after we got married?

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10 Re: RA 9262, Adultery and Legitimacy problem on Sun Sep 14, 2014 9:48 pm

AWV


Reclusion Perpetua
Even the marriage is later after you had your child he is still the biological father. He has rights to his child. You committed adultery inside his marriage so this put your rights at risk to keep your child with you. If he sue you for an adultery, he is likely to get the custody of your child because he is the biological father especially you are pregnant with another man.

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11 Re: RA 9262, Adultery and Legitimacy problem on Sun Sep 14, 2014 10:02 pm

AWV


Reclusion Perpetua
Remember kapag hindi mo pa na petition ang marriage mo as null and void you are still married to him and you committed adultery. So if he wins the case against you he has the custody to his child and worse comes to worse the child you are about to have will be register under his surname.

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12 Re: RA 9262, Adultery and Legitimacy problem on Sun Sep 14, 2014 10:09 pm

lali1107


Arresto Menor
ok.. thank you..

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