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Legal Advice for Separation and Child Custody

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1 Legal Advice for Separation and Child Custody on Sat Jul 09, 2016 12:54 am

mcgayen


Arresto Menor
Good day!

A story of legally married couple with a 4 years old son(S).

Before, the Husband(H) was working abroad when the Wife(W) told him that she will file an Annulment due to issue of trust. (W) always assumes that (H) had entered to another relationships which was pure false thoughts. (H) had an opportunity for vacation so he grabs it just to justify himself personally and fix their relationship. Days had passed and they are normal couple, not until, (H) discover that (W) has entered another relationship. The relationship of (W) and her other guy(OG) was not physical due to (OG) is a resident of other country.

Now, the scenario is (H) already gave up his work, currently unemployed and living with (W) parents because they do not have their own house yet. (W) already wants (H) out of her life and prefer to continue her relationship with (OG). (W) told (H) just to focus on (S) and that (H) should not intervene with (W) life anymore. Every time (H) will leave their house together with (S), (W) is appealing for the custody and rights for her kid.

Question:
1. (H) do not have resources and just waiting if what (W) will file against him, either for separation or custodianship, does (W) will have grounds if ever?

2. (H) wants (S) to live together with (H) parents permanently, because (W) parents already knew that their daughter has relationship with (OG) but they keep on saying that their was no physical contact yet and it is only thru calls and messages. Is it possible, because (W) parents already approach (H) to go home to his parents and they insisted that its their daughter rights as a mother to keep the custody of (S) and just fetch (S) every weekend which (H) did not agree?

Sorry for the long story, hope you understand it and thanks in advance for your Legal Advices. Regards!

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marlo


Reclusion Perpetua
Probably joint in terms of custody and parental authority.

Legal separation is only separation in bed and lodging, but marital bond still exists afaik. If W re-marries or, cohabits with OG, then sue W. If W had a child with OG, then sue W. XD At times like this, I think it is better for H to avoid meeting W in bed .

Safekeep H evidences, H might need them in the future. Get an attorney to represent H in court.

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3 to sir Marlo, on Sun Jul 10, 2016 5:56 pm

mcgayen


Arresto Menor
thanks for the info.

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attyLLL


moderator
if just based on your narration, the wife doesn't seem to have basis to have an annulment or legal separation granted.

if they do separate, the wife will have primary custody due to the child's tender age. It's up to the husband if he can tolerate the situation of living with his in laws.

if the husband can prove the existence of the relationship with the other guy affects the child and exposes him to immorality, it just might be enough basis for the court to grant him primary custody.


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5 To attyLLL on Mon Jul 11, 2016 12:36 am

mcgayen


Arresto Menor
Thanks for the info.

(H) has only few messages as evidence of their ongoing relationship and as per (W) parents, even they are already informed about the said relationship they are telling that there is totally no physical contact yet so it is still their daughters right to be with (S).

If (H) together with (S) reside to his parents, will it become grounds for (W) to file custodianship?

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mcgayen


Arresto Menor
Maam / Sir,

Kindly help me as soon as possible.

Now, the set-up had changed. Because of the very hard situation, (H) decided to live with his parents again but left his (S) to his in-laws with his (W). (S) is studying near their place so he stays their every weekdays and (H) fetch him to stay on his place every weekends.

(W) already talks to her attorney regarding the custodianship of (S) and for (H) to leave the house of her parents.

(H) relatives told him that before he leaves the house of his in-laws, he should go to their baranggay to settle things and to provide a paper which they call a black and white.

Q. What should be (H) legal actions regarding this matter?

Q. Because (W) dont have grounds for annulment or legal separation, she just ask her attorney for the custody of (S)

Q. Since (OG) is residing abroad, only messages are the proof (H) had. Will it affect or can help?

Again, thanks for your advices.

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mcgayen


Arresto Menor
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