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complicated case badly need help

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1 complicated case badly need help on Fri Oct 10, 2014 10:12 pm

jaybeeq


Arresto Menor
Im from mindanao im in my late 30's and i live with my parents along with my kids.i have been separated from my wife for 5 years and i have a new partner whose been living with us also for a year and a half.my wife also have her new partner and thay are living in together for 3 years already.i have a son with my new partner and my wife is due to give birth with her new partner. Everything was ok not until my mom died.she died last april 2014.my father brought in his new girlfriend at home july 2014. I was not happy about it and to my surprise my dad's girlfriend is my wifes aunt.our life at home went haywire when my eldest on was confined in the hospital for 3 days due to asthma.i didnt inform my wife about it because i know she would just blame me and i am so stressed out of the hospital bill.my dads girlfriend called my wife and made her believed na kinunan namin siya ng right sa mga bata kasi di namin pinaalam ang sitwasyon.my point was it was just asthma and besides my wife is pregnant and she cant even get close to my son since he's in the ward which is bawal sa buntis.everything went worst because when we were discharged we were surprised that we cant go home because my dads girlfriend wants us out of the house.i was so pissed off that house is a conjugal property and i am  more appropriate to live there than my dads girlfriend.my wife took the opportunity and took my 3 kids because we have no home.now my wife demands 300 sustento per day.im just a for hire driver. I cant keep up with that amount because my income depends if i can byahe per day.now that the vehicle i am driving has engine issues i was not able to give sustento.its more convenient if i have the kids because now my wife keeps threathning me that she would post shameful things about me and my girlfriend on facebook that would greatly affect our family.what should i do?



Last edited by jaybeeq on Fri Oct 10, 2014 11:28 pm; edited 1 time in total (Reason for editing : too obvious want to keep my identity)

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2 Re: complicated case badly need help on Sat Oct 25, 2014 12:48 am

busty


Arresto Menor
let me clear your situation
you was separated with a partner which you live in the house of your parents
your wife has the same
your father got a new partner (your partner's aunt)?

first case support on your children

let me give you the premise ok

a child below 7 years old, the custody of the chlid belong to mother, above it the court will decide, i don't know if you already tried to file a civil case regarding to the custody of your children, ONLY the Family court can decide where should the Custody of your childrens belongs even if the child it is below 7, for your wife has also a patner, if ever you wife does not have tha capacity to give the child it basic needs then the court should decise in favor on you. Remember that in cases of custody of children the court will always see the child development and its welfare.

second case your problem with the partner of your father

first she is not a LEGAL WIFE of your father, she doesn't have any RIGHTS on the property of your parents whatsoever, it was a conjucal property of your parents and if ever one of your parents died then the siblings will acquire the rights of the deceased. you can file a petition to have a writ of preliminary injuction under Rule 58 sec 1

RULE 58 PRELIMINARY INJUNCTION

SECTION 1. Preliminary injunction defined; classes.-A preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or a court, agency or a person to refrain from a particular act or acts. It may also require the performance of a particular act or acts, in which case it shall be known as a preliminary mandatory injunction. (1a)

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3 Re: complicated case badly need help on Thu Nov 06, 2014 2:29 pm

jaybeeq


Arresto Menor
Im separated from my wife for 5 years but im still living in with my new partner.
My father' s girlfriend is my wife's aunt
Thanks for the reply.

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4 Re: complicated case badly need help on Thu Nov 06, 2014 2:47 pm

jaybeeq


Arresto Menor
Naiinis lang talaga ako sa wife ko kasi dati nung nasa akin at ng kinakasama ko ang mga bata hindi namin siya ginugulo kahit magka problema kami financially. my point, nakikitira lng ang wife ko with her married man boyfriend bakit pinipilit niya pang kunin ang mga anak namin to think she is due to give birth on her son this dec. Kung makahingi pa ng sustento demanding.driver lang ako at hindi araw araw ako nakakabyahe but she demands 300 per day for child support tapos ako pa ang bumibili ng ibang pangangailangan ng mga bata.para kasing iniipit nya ako lalot lage siya nagpopost sa fb na iresponsabli ako at sinisiraan pa ang partner ko kung hindi ako mkapagbigay.sa case ng papa ko, hindi ko na ginugulo si papa umalis nalang kami ng bahay after kami pinalayas ng girlfriend niya umiwas nalang kami dahil ayoko ng lumaki ang gulo lalot may anak akong maliit

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