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for adultery case the child born from the other party

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treatedunfair


Arresto Menor
Hi I am so glad that I have found this website =)
My ex husband and his family is now threatening me that they will file adultery case on my behalf and my live in partner.

Ako ang unang umayaw sa marriage namin because of the things that I am not happy with. Like i married early only 19, I cannot see any future with him for our son, he verbally, emotionally and physically abused me. Though I do not have evidence that these are some of the reasons why I left him and he alway's denies it especially sa family nya para masama tingin sakin.

I fall in love again after 4 yrs of not being with me ex husband and gave birth after 9 yrs. Lahat po ito alam nila,. ng ex ko even di nya ko kinakausap, yung nanay nya lang at mga kapatid ang nakakausap ko, plus my son that I even asked my son's my approval and consent before ako nagbuntis ulit.

Last DEc2009 they allowed my son to be with my EX Live in partner in Ilo ilo, at first I am not so sure about it when they asked me to allow my son, but my son and his LOLA na nanay ng EX ko asked me and promised me things etc. I allowed him BUT they do not have a paper signed by me since okay naman kami ng anak ko, and kahit na alway's verbally abused ako sa LOLA nya at sa kanila nga lumaki anak ko, respeto sa taong nagpapalaki sa anak ko kaya natuloy.

But then lately when my son went home last Dec holiday vacations, ang daming nagbago sa kanya. We know that he was brainwashed and if hindi pa ko magalit at magreklamo wala silang balak pakita anak ko.

I told them that I will file a petition for my rights sa anak ko, na para di madala nung Live in partner ng EX ko, pls take note that his father is not with him. Asa abroad sya since 2006 if I am not mistaken, and always no time for my son.

They told me that sige they will file ADULTERY case on my end part. my questions are :
1. can he file it after 10 yrs of not being with him? last actual communication with him was 9 yrs ago.
2. if yes, will my rights for my 11 yr old son mawawala nang tuluyan??
3. can i counter file for concubinage naman?
4. what will happen with my 2 yrs old son? kasama ba sya na evidence sa adultery case ??

please help...

Sad

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attyLLL


moderator
adultery is the act of a married woman of having sexual intercourse with another man who is not her husband. you will have to show that your husband consented to you having another partner.

adultery is not by itself a basis to deprive you of custody of your child.

if he is living in with another woman and you can prove this then concubinage may prosper.

unfortunately, your 2 year old son is the best evidence that you committed adultery.


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treatedunfair


Arresto Menor
Follow uP questions po ...

Last December 28 finally my son visited me and we were able to spend time with each other, I cannot help ask him questions and one time he told me that the main concern of his LOLA was very petty and personal grudge,she also told me that they are worried that I will not be able to have my son's finish college since I almost did not finish mine because I do not have any parents to support me and I did struggle to be where I am right now.
Luckily after 30 yrs I was able to trace my Father and he is willing to help me in every which way he can for he owe me 30 yrs of everything


I had my current partner right now for almost 8 years, calculating that when my son is 3 yrs old we are already together
The mother in law, the EX already knows about it and did not contest, after my son turned 9 yrs old, I decided to conceive another baby and ask for my Son's permission and (even his Lola) and verbally the lola said that it is okay since it has been years what happened between us and the EX.
But now they are threatening to SUE me if I will PETITION for my visitation rights for my son and my partner ADULTERY so they can have the full rights with my son.
My main purposes on this petition are the following:
a. Yes ever since I left my ex husband, my son lives with his grandmother(they threaten to sue me for adultery EVEN I do not have any relationship at that time, accused me of neglecting my son and will file case on DSWD if I will insist for them to return him to me,the EX borrowed him and never gave him back to me, I was so emotionally, mentally battered at that time and I do not want to cause anymore problems to my sisters for I am already in debt and It is my battle,them meddling will not only cost us money, but also emotional pain for all of us)but I always make sure that I will give support as much as I can and time for my son, every other weekend I will borrow him, and bring him with me so we can spend time with each other.
b. I forgive the grandmother of my Son and give my outmost respect even she always’s verbally accused me and my family of negative things, in short tapak tapakan nila di lang ako pati mga tiyahin ko, mom ko mababang lipad daw, my son always tell me na sabi ng lola nya BOBO DAW AKO, WALANG KUWENTANG INA etc.. I let it go for 11 years, I never react bad towards them, for my son’s lives with them and I do not want him to hold grudge also
c. With his father’s case, he is always not present in his mom’s house leaving my son’s neglected and sometimes spank him, and tell him that whenever he saw my Son he remembers me and he hates me so much so he hates his son also..
d. Incommunicado with him for Almost 9 years, I just found out recently that he do not want to talk to me so nobody from his side will give his number to me. He has been working abroad for almost 6 years and very rare or seldom he will have time to spend with my son, I am not defending my side but as for me I tried my very best not to leave the country and spend time with my son as much as possible..
e. The step mother told me that pinakiusapan daw sya ng Lola ng anak ko na mag alaga muna sa apo nya until HS matapos, and mas a source told me that my son is better off without me kasi di ko naman daw kayang pagtapusin ng studies and also TANGA ATA BOBO daw family namin
f. Yes we might not be able to have a better life and privileges when we are young , but I am currently a Senior Account Supervisor in a tri media agency, and earn twice than the EX abroad.
g. My son nakatira this year lang with the Step mother in ILOILO first time,and they told me na uuwi ang tatay nya ng sept, but I recently found out that he is not sure when he is coming back. Meaning 1. Walang ibang relatives kasama anak ko sa Ilo Ilo only the Step mother, B. They have been living also together for 4 or 5 years except that the EX is always’s abroad, CAN I FILE CONCUBINAGE ALSO as counter defense for the adultery case they will file for me?
h. I have text messages from his sisters, verbally accusing and harassing me of things that I think my Son di dapat matutunan or marinig.
They are setting an example to my Son with the ff: ( and he is starting to adopt it )
a. To hate me
b. To hold grudge
c. To self pity
d. To be jealous of other’s specially his baby brother
e. To speak words that are not nice to hear
f. To make alipusta or judge people na mas lower sa standard nila
g. Maging bastos at palasagot sa matatanda
h. To blame me for breaking our family
i. To dwell on SEL PITY and not to let go of the bad past things that happened..
It saddened me to think that my son will be like them, I have all the text they sent me, I know I counter attack and reply with them things but in a very formal way. They even accused me being a DRUG addict, the sister’s told me that I never supported my son and always make SAWSAW to their plan for my son, and never had my own decisions ( because I thought that they are okay if I comply for what they want as long as it will never hurt my son or will make my son a better person, and diba dapat NSYNC kami together to raise him?
j. The EX never talked to me, and I think that he is not aware that ever since I found a Job make my life better, I started giving my son support financially every month, even give his lola money for his tutor fee’s since I suggested it and recently found that she only hire the tutor for 2 months and I gave almost 4 months payment, that I am the one paying for my son’s book, uniform miss etc.., and she alway’s remind me and her APO that he is not allowed to bring WHATEVER things that I bought for him kaya lahat ng toys and clothes of my son is still with me…. I am always there for him emotionally, physically whenever he needs me.
i. My 2 yrs old son I am worried and feel so much guilt for all thus happenings, if ever I will be executed and his father for Adultery for I or we will never deny it for we are not guilty of being together for almost 8 yrs..
j. Also they do not want the EX to know what is happening right now, reasons is GALIT DAW SAKIN at ayaw akong kausapin and wala daw akong pakialam..
k. The STEP mom will never conceived anymore , that is why I feel that they have planned everything from the start…

Attorney I am so tired of old same people treating me like a dirt and bowing to them. My son may never choose me and I had accepted that fact a long time ago,but what I cannot accept is for my son to let me know that he loves his step mother than me, that he is jealous of his little brother , and that sometimes he hates and blames me for what happened, and will hate my relatives, and for them not to have the rights to bring my son in ILO ILo again for 2011 school year.

I am not asking him to choose me, all I want is he will always be near me and his baby brother , for I am afraid that one day he will bear in his mind that his Mom never fight for him. For my partner now they are not NSYNC but they are okay in so many way’s except him so tamad to study and being palasagot to us ng hindi tama..

I know that I am not a perfect mother and I also done some things to my son that hurts him before, but I never taught him to hate his father and always’s learn to respect other people’s opinions, now I wanted him to know that he when he grows up he needs to fight for his rights if ever people around him treat him unfair and abused him of his rights..

LIke today I just found out na nagbarko ang anak ko with the step mom without infroming me and they know that I constantly rejects the idea since I am afraid of ship sinking.


Paano ko po patutunayan that my EX husband consented me having my own family na ulit?? They even asked me before na pumirma ng papers stating na wala na kamign rightssa isat isa, but I refused since I wanted everything in a legal way. I even asked for annulment but the Stepmother told me they do not have money tos hare it with...

Thank you Atty, If you will not answer my email anymore I will understand you, but I really wanted them to realize that they are not always right and Justice will be served for whatever they had done to me. More power to you and God Bless your family =)



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attyLLL


moderator
so your (ex)husband lives in with a new woman? to counter their threat of an adultery case, point out that it has to be your husband who files it and you will surely file a concubinage and VAWC case against him and anyone else who would prevent you from exercising custody or visitation of your son.

ultimately, try to get a visitation agreement in writing. good luck.


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treatedunfair


Arresto Menor
adultery is the act of a married woman of having sexual intercourse with another man who is not her husband. you will have to show that your husband consented to you having another partner.

what do you mean by this po atty??

so your (ex)husband lives in with a new woman? to counter their threat of an adultery case, point out that it has to be your husband who files it and you will surely file a concubinage and VAWC case against him and anyone else who would prevent you from exercising custody or visitation of your son.

Yes he is living with her but right now or I mean most of the time he is out of the country to work. What is VAWC po?? expand please =)

ultimately, try to get a visitation agreement in writing. good luc
k.

Atty are u referring to this po ba? Do I still need a lawyer for this? What if my EX is abroad and he dont like to talk to me, how can we resolve this?
Republic Act 9285 Alternative Dispute Resolution Act of 2004: How to solve legal disputes without going to court

thank u so much po =)



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attyLLL


moderator
that is the definition of adultery in the revised penal code.

vawc is RA 9262.

you can look up sample custody and visitation agreement in the internet, but it is always to have a legal professional help you.

ADR normally refers to commercial disputes. you can have a valid agreement reached among yourselves or at the bgy without having to go to court.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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