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Marriage and unborn child

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1 Marriage and unborn child on Wed Oct 21, 2015 8:33 pm

chrish1285


Arresto Menor
Hi good day..i meed some legal advice

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2 Re: Marriage and unborn child on Wed Oct 21, 2015 8:37 pm

chrish1285


Arresto Menor
My husband is a resident of united states and is currently working there..we just got married this year and im currently pregnant with our first born.We are having some problems with our marriage its because i found basis of my husbands infedility.Weve had several arguments and he always threat to leave me.Currently i dont have a job and he said he is going to fight the custody of the child since i cant afford to raose.my child if he leaves me..simce my baby is still unborn is it possible not to put his last name on my baby's name?What will be my rights?

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3 Re: Marriage and unborn child on Wed Oct 21, 2015 8:38 pm

chrish1285


Arresto Menor
My husband is a resident of united states and is currently working there..we just got married this year and im currently pregnant with our first born.We are having some problems with our marriage its because i found basis of my husbands infedility.Weve had several arguments and he always threat to leave me.Currently i dont have a job and he said he is going to fight the custody of the child since i cant afford to raose.my child if he leaves me..simce my baby is still unborn is it possible not to put his last name on my baby's name?What will be my rights?

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4 Re: Marriage and unborn child on Wed Oct 21, 2015 8:58 pm

Lunkan


Reclusion Perpetua
In the Philippines we can't never know for sure, because of it's common with bribes even in courts,
but if the laws are followed, then your husband have no chance at least not if the child is under 7 years old when separating. (Except if the mother is a VERY bad parent. Then the father have some chance to get the child.)
The law say the husband HAVE TO support at least the child,
some chance he have to pay support to you too when you are occupied taking care of SMALL child, not when you can work yourself.
During marriage the husband is seen is father (even in cases when it's known he isn't!!!)
If you don'y put father's name at the birth certificate that can perhaps make it harder to get support to the child.

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5 Re: Marriage and unborn child on Wed Oct 21, 2015 9:02 pm

chrish1285


Arresto Menor
I love my husband so dearly..and i am not seeking any anulment.But if he insist im gonna fight for our marriage even if he wants to leave me.what i want to happen is that i want to stay legal until im alive and make his life miserble and living in sin in the yes of God.Now i dont mind if he doesnt want me anymore but i am concern about is my child he said he's gonna fight for the legal custody of my child and was confident enough that he is gonna win the case since he can afford more than me...if i have a million in the bank and owned a house and lot even before we got married plus i have a car under my name would these assets be enough to prove that i can afford to raise my child despite having no job at the moment?

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6 Re: Marriage and unborn child on Wed Oct 21, 2015 9:19 pm

Lunkan


Reclusion Perpetua
Are you in the Philippines or USA?
If he cheated in the Philippines, he can be put in jail (and perhaps even deported because if that) in the Philippines, but it isn't a crime in USA.

Do you have prenup contract signed BEFORE you narried?
If not, you will have right to HALF of the assets (although it can be some delay until you get access.)
If you have prenup, you will not get any of the exceptions told there belonging to your husband, but HALF of the rest.

It will be your husband who have to prove you don't fit as mother. Otherwice you will get AT LEAST half custody, in the Philippines the child will be living with you.

The husband have to pay support during the first years anyway, so you don't having income is no reason to you lose custody. But I believe in USA it's common with SPLIT custody, which can make he can make problems for you.

I don't know if there are such for this type of case, but perhaps you can get a public defender for free (PAO in the Philippines.)

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7 Re: Marriage and unborn child on Wed Oct 21, 2015 11:40 pm

chrish1285


Arresto Menor
Im currently in the philippines.

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8 Re: Marriage and unborn child on Wed Oct 21, 2015 11:44 pm

chrish1285


Arresto Menor
We got married here in the phils.he cheated on me in the US. So he said he is filing the custody against me in the philippines..is it possible for him to file a custody even if the wife is not seeking for anulment.im gonna oppose the annulment if hel pursue the case and he wants to take my child with me.

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9 Re: Marriage and unborn child on Wed Oct 21, 2015 11:54 pm

Lunkan


Reclusion Perpetua
Good. You have biger chance to get OWN custody in the Philippines, because in USA it's common with shared.

He can file separation/anulment, and custody, but the most important is who will winn,
As I wrote, we can never be sure, because of SOME judges can be bribed, but if the court follow the law, then you will get the custody by yourself (or perhaps shared). And the father will be judged to pay support to at least the child.

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10 Re: Marriage and unborn child on Thu Oct 22, 2015 8:47 am

chrish1285


Arresto Menor
My husband is a filipino too who happened to work in US.

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11 Re: Marriage and unborn child on Thu Oct 22, 2015 5:16 pm

Lunkan


Reclusion Perpetua
Then it's biger chance for you to get the child will be living with you, because that's the common in the Philippine court cases when the kids are under 7 years old.
But it's a biger risk a Filipino winn a case in the Philippines by BRIBES.

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12 Re: Marriage and unborn child on Thu Oct 22, 2015 5:34 pm

marlo


Reclusion Perpetua
chrish1285 wrote:We got married here in the phils.he cheated on me in the US. So he said he is filing the custody against me in the philippines..is it possible for him to file a custody even if the wife is not seeking for anulment.im gonna oppose the annulment if hel pursue the case and he wants to take my child with me.

He is your legal husband. He is obligued to give you both spousal support and financial support for kids. If not, fail RA9262 case.

Surname of child would be of his father unless you can prove in court that he is not.

In general, child of that age is with mother's custody. Court considers welfare of that child unless court compelling reasons to take away baby/child from mother. However I would suggest you find a job temporarily in the future.

Though irresponsibility, lack of financial support, indifferences and Indifelity is not a ground for annulment.

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13 Re: Marriage and unborn child Today at 8:35 pm

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