Marriage and unborn child
2 Re: Marriage and unborn child on Wed Oct 21, 2015 8:37 pm
3 Re: Marriage and unborn child on Wed Oct 21, 2015 8:38 pm
4 Re: Marriage and unborn child on Wed Oct 21, 2015 8:58 pm
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.
5 Re: Marriage and unborn child on Wed Oct 21, 2015 9:02 pm
6 Re: Marriage and unborn child on Wed Oct 21, 2015 9:19 pm
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.)
8 Re: Marriage and unborn child on Wed Oct 21, 2015 11:44 pm
9 Re: Marriage and unborn child on Wed Oct 21, 2015 11:54 pm
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.
11 Re: Marriage and unborn child on Thu Oct 22, 2015 5:16 pm
But it's a biger risk a Filipino winn a case in the Philippines by BRIBES.
12 Re: Marriage and unborn child on Thu Oct 22, 2015 5:34 pm
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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