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Rights of an illegitimate child

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1 Rights of an illegitimate child on Sat Mar 05, 2011 12:58 am

audioslaved1977


Arresto Menor
Good day po. I would like to ask if what are the rights of an illegitimate child when it comes to inheritance? When his property will be divided or sell, does the illegitimate child have a share with the property being sold? May I asked what are the rights of illegitimate child? Thanks and more power to you.

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2 Re: Rights of an illegitimate child on Sat Mar 05, 2011 1:30 am

march14


Arresto Menor
Good day! Generally, an illegitimate child's legitime(the portion of the inheritance which the law reserves for the compulsory heirs) is equal to 1/2 of the share of the legitimate child but the share will vary depending on the factual circumstance on the remaining compulsory heirs.. when the property will be divided it will depend if there will is a will. if there is a will, then the desire of the testator will be followed but it must not impair the legitimes of the compulsory heirs.. (at your own risk)eheheh..

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3 Re: Rights of an illegitimate child on Sat Mar 12, 2011 2:15 am

forestinterlude


Arresto Menor
hi march14! does it mean then that the illegitimate child cannot in any way inherit anything if there is a will that favors the compulsary heirs? thanks po!

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4 Re: Rights of an illegitimate child on Sun Mar 13, 2011 2:34 am

march14


Arresto Menor
@forest: no. an illegitimate child is also a compulsory heir therefore he/she is entitled to his/her own legitime which no will may impair. if there is a will and there is impairment of the legitime, the "will" will be adjusted to satisfy the legitime of the heir whose legitime was impaired. the share of the illegitimate child is usually half of the share of the legitimate child but the latter is still a compulsory heir.

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5 Re: Rights of an illegitimate child on Sun Apr 17, 2011 11:18 am

forestinterlude


Arresto Menor
march14 wrote:@forest: no. an illegitimate child is also a compulsory heir therefore he/she is entitled to his/her own legitime which no will may impair. if there is a will and there is impairment of the legitime, the "will" will be adjusted to satisfy the legitime of the heir whose legitime was impaired. the share of the illegitimate child is usually half of the share of the legitimate child but the latter is still a compulsory heir.

Hi march14! Is it like: for instance 3 legit children, it will first be divided between them, afterwhich, the illegit's share will be given; or half of the full share of the 3 kids? Thanks in advance for the clarification and have a nice day!

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6 Re: Rights of an illegitimate child on Tue Apr 19, 2011 5:03 am

march14


Arresto Menor
the share of the illegitimate is 1/2 of the share of one of the legit. example the estate is 120,000: first it will be divided by 2 for the share of the legitimate children so 60,000. then, the 60,000 will be divided by the number of legitimate children so 3, therefore each legit child will be receiving 20,000 each. the share of each illegitimate child is 10,000. if there are 3 legit and 1 illegitimate, 70,000 of the 120,000 is the legitime there cannot be impaired by will.

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7 Re: Rights of an illegitimate child on Tue Apr 19, 2011 2:09 pm

forestinterlude


Arresto Menor
march14 wrote:the share of the illegitimate is 1/2 of the share of one of the legit. example the estate is 120,000: first it will be divided by 2 for the share of the legitimate children so 60,000. then, the 60,000 will be divided by the number of legitimate children so 3, therefore each legit child will be receiving 20,000 each. the share of each illegitimate child is 10,000. if there are 3 legit and 1 illegitimate, 70,000 of the 120,000 is the legitime there cannot be impaired by will.


Thanks a lot for your explanation, march14, i really appreciate it! Good day...

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8 rights of elligitimate child & adopted child on Tue Apr 19, 2011 6:36 pm

kellieperry77


Arresto Menor
I jst want to ask if i can file a petition for financial support for my kid.i have a 9 yrs old daughter from a married man..
he did sign the birth cetificate.I have work and tried my best to provide solely for my kid.but there are instances wherein i needed him to help me provide for our daughter.i had trouble finding him for the past few years thou.but i was able to track him thru social networking site.My purpose was to ask him if he could call his daughter once in a while since our daughter miss him and ask about him all the time and even caught her crying..but he replied to me telling me that he doesn't want to get involve anymore..
I'm afraid to ask from him since i believe parents should in his own will provide for her love ones without being asked and im afraid that he will take my kid away from me if i do ask from him or be filed with case by his current wife...
they have adopted a child a month before i got pregnant.
I cant believe that there are people who can provide and takes care of somebodyelse child yet can't do it own there own blood.
so I was curios if both elligitimate child and there adopted child should have equal right under the law

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9 Re: Rights of an illegitimate child on Wed Apr 20, 2011 3:58 am

march14


Arresto Menor
1. financial support for your child.
under art. 195 which provides for persons oblige to support each other no. 4 provides parents and their illegitimate children and legitimate and illegitimate children of the latter. it is clearly provided that a child even born outside of marriage therefore has a status under the law called illegitimate child is entitled for support from the parents.

2. custody.
custody of a minor child is governed by another law and considered a special proceeding. one factor to be considered in the determination of the custody of the child is the financial capability of the parent but generally custody is in discretion of the court. the court will choose to whom custody should belong considering the best interest interest of the child. a child more than 10 years old may be asked as to whom would he/she wants to stay but such answer will not be final because it is still with the discretion of the to whom it would grant the custody of the child.

3. rights of illegitimate and adopted child.
adopted children have better rights compared to illegitimate children because if there is valid legal adoption, the adopted child will have the same rights of a legitimate child.

*disclaimer lang po* i'm not yet a lawyer, just trying to help and apply my knowledge.

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10 Re: Rights of an illegitimate child on Wed Apr 20, 2011 6:51 pm

attyLLL


moderator
kellie, send a demand letter to his last know address to provide support. if he fails to do so, you can initiate a complaint for economic abuse under ra 9262


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11 Re: Rights of an illegitimate child on Tue Apr 26, 2011 5:03 pm

sarahlyns


Arresto Menor
Good day! my son is carrying his father's surname and not giving any support since we go on seperate lives and both settled down. Can I change my son's surname to my husband? how? thank u

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12 Re: Rights of an illegitimate child on Thu Apr 28, 2011 7:01 pm

attyLLL


moderator
you and your husband will have to adopt your child so he can carry your married surname.


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13 Re: Rights of an illegitimate child on Thu Aug 04, 2011 1:20 am

regretfool


Arresto Menor
may i ask then, what if I am the wife and my husband has an illegitimate child. a son before we married. the child's surname is under his mom's, but we support him financially. however, the mother of the illegitimate child of my husband is using the money for her personal expenses and her other child, but the child would tell us of how much is allowance is and what are his meals. aside that, the mother would always come up with different reasons like a project or whatsoever, or medicine for the child, but as we verify, they are all false. though we don't give in to it, we just give the child a fix monthly allowance... what can we do? somehow it's not just the child who benefits from this allowance. i am pretty sure with the amount we're giving it should be enough for the child.
1. do we have a strong case in case we file for custody?can we actually do that?
2. do we have to adopt him to make his surname my husbands?
3. what if i refuse to legally recognize the child, is that possible? do i have that kind of power to protect my own children (legitimate)
4. what if we just acknowledge but i don't want to change his last name as my husbands? he didn't sign the birth certificate and the mother gave her name in her own will.
5. what are my options? of course i care abt the child since i am a mother myself, but to protect my children, somehow, i dont agree with adoption and/or changing his to name my husbands surname.

thanks...

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14 Re: Rights of an illegitimate child on Thu Aug 04, 2011 7:44 pm

attyLLL


moderator
no.

you will need the mother's consent

it is your husband who recognizes the child, not you. you have no relationship with the illegit child.

the child has the right to use the father's surname if he is acknowledged. your husband does not have to issue any acknowledgment.


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15 Re: Rights of an illegitimate child on Thu Dec 08, 2011 8:45 pm

mrloverboy_2010


Arresto Menor
Good day, may i ask up to what extent does an illegitimate child entitlement for the financial support of the their father, does eh or she has the share in all bonuses and other allowances aside from fathers salary ?Please give me specific article or provisions from the law to support whatever answer i get. thank you, ill wait for your reply

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16 Re: Rights of an illegitimate child on Sat Dec 10, 2011 5:53 pm

attyLLL


moderator
the law does not specifically define how to compute for support, but the child is entitled to support sufficient for living, education until he learns a trade.


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17 Re: Rights of an illegitimate child on Thu Mar 08, 2012 2:14 pm

jar


Arresto Menor
march14 wrote:Good day! Generally, an illegitimate child's legitime(the portion of the inheritance which the law reserves for the compulsory heirs) is equal to 1/2 of the share of the legitimate child but the share will vary depending on the factual circumstance on the remaining compulsory heirs.. when the property will be divided it will depend if there will is a will. if there is a will, then the desire of the testator will be followed but it must not impair the legitimes of the compulsory heirs.. (at your own risk)eheheh..

@March14; Good day!
what if there is no legit children? only 2 illegitimate?
hoping for your reply Smile

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18 Re: Rights of an illegitimate child on Wed Mar 14, 2012 12:01 am

kiraholic


Arresto Menor
good day!
im an illegitimate child, im 24 years old and i dont get financial support from my father ever since, i dont use his surename. i would like to go to college and take an engineering course. can i force my my father to give me support financially to help me with my study?
hoping for your response thanks.

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19 Re: Rights of an illegitimate child on Wed Mar 14, 2012 5:20 pm

kiraholic


Arresto Menor
good day!

im an illegitimate child now im 24, i want to go to college can i ask my father for support me financially ?
he didnt support me ever since Sad

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20 Re: Rights of an illegitimate child on Wed Mar 14, 2012 8:30 pm

concepab


Reclusion Perpetua
mrloverboy_2010 wrote:Good day, may i ask up to what extent does an illegitimate child entitlement for the financial support of the their father, does eh or she has the share in all bonuses and other allowances aside from fathers salary ?Please give me specific article or provisions from the law to support whatever answer i get. thank you, ill wait for your reply

In Philippines, there is no specific article or computation for that. provide what is enough to support all his/her needs (school, clothings, foods etc..) but this doesn't mean that the father have to shoulder all the expenses. as always suggested by atty., ask the mother to make a actual list of all the expenses of the child and then devided into two. or pag-usapan nyo kung paano kayo maghahati sa gastos.

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21 Re: Rights of an illegitimate child on Fri Mar 16, 2012 5:02 pm

kiraholic


Arresto Menor
kiraholic wrote:good day!
im an illegitimate child, im 24 years old and i dont get financial support from my father ever since, i dont use his surename. i would like to go to college and take an engineering course. can i force my my father to give me support financially to help me with my study?
hoping for your response thanks.

can anyone answer my question?
im hopeless Sad

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22 Re: Rights of an illegitimate child on Sat Mar 17, 2012 10:11 am

irisheunice


Arresto Menor
hi, dont be hopeless. you are already 24. and may kakayahan ka na to support yourself, although its a little to hard for you.wala naman po matanda in study, pde mg work muna tyao for the meantime.or mg working student tayo. then yung support ni father, pde ka mkipgusap about that, but you cannot force him.just have a talk to your father, and im sure he helped you.
meron din kasi akonng child na katulad mo.and naiintindihan kita. just be confident na makakatapos k ng studies mo. and pray. godbless

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23 Re: Rights of an illegitimate child on Sun Mar 18, 2012 12:27 pm

attyLLL


moderator
kirk, theoretically, it's possible but you will have to file a court case. the person who provided support for you can also claim from your father.


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24 Re: Rights of an illegitimate child on Mon Mar 19, 2012 12:34 am

kiraholic


Arresto Menor
irisheunice wrote:hi, dont be hopeless. you are already 24. and may kakayahan ka na to support yourself, although its a little to hard for you.wala naman po matanda in study, pde mg work muna tyao for the meantime.or mg working student tayo. then yung support ni father, pde ka mkipgusap about that, but you cannot force him.just have a talk to your father, and im sure he helped you.
meron din kasi akonng child na katulad mo.and naiintindihan kita. just be confident na makakatapos k ng studies mo. and pray. godbless

un n nga eh ayaw kc talaga Sad
nde b tlaga pwede kumuha ng sustento pg 24 n? d den kc kya ng budget ku khet mgtrabaho aku eh. asar!

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25 Re: Rights of an illegitimate child on Mon Mar 19, 2012 12:36 am

kiraholic


Arresto Menor
attyLLL wrote:kirk, theoretically, it's possible but you will have to file a court case. the person who provided support for you can also claim from your father.

thanks nabasa ko nga na pwede pa iyon eh, binuhayan mo ko ng loob salamat! about the person that provided support for me, ahm wala kasing ganun eh. sariling sikap lang kaya nka pag.aral aku ng vocational kahet papano. Thanks a lot sir Very Happy

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