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Grounds for adultery and child custody

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1 Grounds for adultery and child custody on Tue Mar 29, 2011 1:57 pm

velaygj


Arresto Menor
Hi, thank you for providing the public a site which gives free legal advice.

I read about the topic of a husband who wants to file an adultery case to his wife..
In my case, my husband is also thinking of filing a case against me.
I am married with one kid. My husband was working abroad for about a year and a half.
On his stay there, "word fighting" on fone, and internet has always been there because of his too much jealousy and lack of trust on me.But i've been good and true to him from the time we've known each other..Most of the time i receive words which are "below the belt" and insulting my personality.He's always thinking that i have a guy..

Until such time last february this year, i accidentally met my ex bf and we exchange numbers and started to talk about our lives. During that time, i was really depressed, so i thought talking to my ex would make me forget my problem with my husband..we went out together in private once last feb..

I gave a number to my husband about the guy that he's possibly jealous of and let him talk to him.They talked and my ex also defended me to my husband about his treatment on me as a wife.

My husband and my family got almost crazy about what i did, he went home last march to fix the problem.. At first i denied that we did something last feb but in the end also confessed that it really happened.Before he went home, he threathened me that he will use all his money just to put me in jail.He also got my celfone with a sent msg to my ex, stating some status of our problem.
He wants me to bring the guy to him.He wants me to be with the guy make our own child. But I didn't want that to happen because i still love my husband.

Now my child is in his family. He told me that he will not file a case against me if I would give the full custody of our child to his family.

I know what i did was wrong but im still asking forgiveness to my husband..

Can i really be guilty of adultery? or what case my husband could file against me? How bout the custody of my child? Do i still have a possibility to defend my self? and my child?

Please help me..i really need a clear answer.

Thank you and more power.

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2 Re: Grounds for adultery and child custody on Tue Mar 29, 2011 4:14 pm

attyLLL


moderator
how old is your child?

adultery is the act of a married woman having sexual intercourse with another man. if this is not what you did, then there was no adultery. an emotional affair is not adultery.

if you did have sex with him, it will still be very hard if you did not admit it.


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3 Re: Grounds for adultery and child custody on Tue Mar 29, 2011 5:25 pm

velaygj


Arresto Menor
My child is 3 1/2 years old. He wont give my child even if he returns to work abroad next month. He told me that he will make an SPA for his custody of our child and ask for my approval. But i dont want to.

I admit to my husband that we had sex by my ex bf once. He told that if i admit, he will still accept me. But after knowing, he wants to take our child away from me. Is it enough for me to be guilty of it? what if the other denies my statement?
What should i do? how can i defend my self? or i have no valid reason to defend myself?

I suffered emotional stress from my husband every time we talked, he always judge me and think of crazy things about me.He never appreciated my work and the treatment as a wife was very cold..

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4 Re: Grounds for adultery and child custody on Tue Mar 29, 2011 8:55 pm

attyLLL


moderator
sorry to ask, did you have sex with your husband after he found out about your infidelity? if he did, that will be considered reconciliation.

on the other hand, even if you were convicted of adultery, you can apply for probation and you'll never serve imprisonment. it's not really much leverage.

no child below 7 should be removed from the mother. go to the dswd and ask for help. you don't have to admit to the adultery if he raises it.


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5 Re: Grounds for adultery and child custody on Wed Mar 30, 2011 10:24 pm

velaygj


Arresto Menor
Yes we had sex once but i was still in denial by that time and he's also not yet certain if it was really true or not.after 2 days, i admit my infidelity.

Now he told me that he wants to separate with me (maybe through a legal agreement) before he leaves the country by next month.I can feel that he still loves me, and i feel that he is just forced to do this kind of action because of his family and relatives.All of them are angry about what i did..

What if i don't want to respond or agree to his separation request? And maybe if i don't he would be forced to file a case against me.

For my son, I am now thinking of getting help from dswd.


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6 Re: Grounds for adultery and child custody on Thu Mar 31, 2011 5:57 pm

attyLLL


moderator
without your admissions, his case against you would fail. you don't have to admit them if he actually filed a case against you.

your agreement will have no legal value.

even if you committed adultery before (which he still has to prove), if it's over now, then that's no reason to withhold the child.


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7 Re: Grounds for adultery and child custody on Thu Mar 31, 2011 11:15 pm

velaygj


Arresto Menor
Thank you very much and more power to all of your staff!!!

I'm going to wait for his actions..

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8 Re: Grounds for adultery and child custody on Tue Oct 25, 2011 6:58 pm

gelayceliz


Arresto Menor
Hi,

I have been separated with my husband for almost 5 years.. (Not legally)
He has another woman and they already have a son..

I guess this is already a ground for adultery?

What will happen to my ex husband and the other woman if they're proven guilty?

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9 Re: Grounds for adultery and child custody on Wed Oct 26, 2011 11:23 pm

attyLLL


moderator
not adultery, but concubinage if they are living together.


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10 Re: Grounds for adultery and child custody on Wed Mar 06, 2013 9:28 am

LOVEMEALONEJOHN


Arresto Menor
hi,

I have been separated with my husband for almost 2 years.. (Not legally)
sa kanya po napunta anak ko kc ako po ung umalis bahay last year po nabuntis po ako sa kinkasama ko ngyun .. ok naman lahat kc nakikita ko naman anak ko every sahod ko pinamimili ko pa nang pag kain at iba kailangan nya kc wala naman trabaho ung ex husband ko ok na lahat nang dumating ung byenan ko or ung mami nang ex ko aampunin daw nila bata para mag pag aralin sa saudi need daw kc palitan ung name para legal na maipasok sa company nila ung bata dun kc sagot daw company ung half nang education

1.ayoko pumayag kc malayo un pwede ba may file ako custody sa anak ko since wala naman trabaho ang ex ko umaasa lang sa padala at ung pa upahan nila di naman naka pangalan sa kanya
11 old na anak ko sa kanya sabi kc nya na wala daw ako laban kc may anak ako sa iba at cy daw pipiliin nang bata ang sa akin lang ehh kung pumayag cy na paampon ung bata ibigsabihin di nya kaya pag aralin bata ang sabi naman nung nany nya ehh wala lang sila tiwala sa "kinkasama nang anak nya ngyun" ibig sabihin po may kinaksama na po ung anak nya .....(ex ko)
ano po maganda gawin????

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11 Re: Grounds for adultery and child custody on Wed Mar 06, 2013 2:01 pm

Irie


Arresto Menor
Hi po. Iask ko lang po. Im married for 2 years.. Naghiwalay po kami 1 year na..may boyfriend na po ako and were planning po na magsama na. Pede po ba makuha sakin ung daughter ko ng husband ko? Ano po magandang gawin? Salamat po.

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12 Re: Grounds for adultery and child custody on Wed Mar 06, 2013 2:38 pm

concepab


Reclusion Perpetua
Irie wrote:Hi po. Iask ko lang po. Im married for 2 years.. Naghiwalay po kami 1 year na..may boyfriend na po ako and were planning po na magsama na. Pede po ba makuha sakin ung daughter ko ng husband ko? Ano po magandang gawin? Salamat po.

Once na nag-sama kayo ng bf mo sa iisang bahay malaki ang posibilidad na makasuhan kayo ng adultery.

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13 Re: Grounds for adultery and child custody on Wed Mar 06, 2013 2:42 pm

attyjoyce


Reclusion Perpetua
Hi Irie,

If your daughter is below 7 years old, the custody is with you.

If you are you are still married, it is not advisable that you live with another man. Your husband might file a case of adultery against you.

For more free legal information about family and marriage, you may visit www.domingo-law.com

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14 Re: Grounds for adultery and child custody on Sun Apr 07, 2013 11:28 pm

piwi1102


Arresto Menor
pwede po ba yung lalaki lang na nagcommit ng adultery ang kasuhan , halimbawa ok n ang relation ng mag asawa pero nanggugulo yung lalaki nung babae, anu pwede ikaso sa ganun

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15 Re: Grounds for adultery and child custody on Mon Apr 08, 2013 8:43 am

attyLLL


moderator
the husband can file a case for monetary damages against him, but not adultery if the wife will not be included.


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16 Re: Grounds for adultery and child custody on Mon Nov 11, 2013 11:13 am

Jebzter


Arresto Menor
Hi attorney,

Im currently living separately with my wife. I left home because i caught her having an affair with somebody else(which she admitted). I have 2 kids and Im supporting them by giving them half of my salary. (16k) per month. Now Im having problems because she divides the allowance of the kids for the Rent of the apartment and other expenses. She is not working and tends to ask more because she cant have the expenses budgeted properly.

can I get the child custody for this? The eldest is 7 years old and the youngest is 6.

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17 Re: Grounds for adultery and child custody on Mon Nov 11, 2013 10:36 pm

attyLLL


moderator
yes, if she is exposing the children to the adultery. difficult if not.


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18 Re: Grounds for adultery and child custody on Thu Dec 26, 2013 11:14 am

aisheal


Arresto Menor
hi, i need an advice po. im a married woman with 2yrs old child, went abroad to work. met someone online, but i admitted to my husband that i already have a boyfriend and when i came home for vacation this year we live together w/o my husband knowing that were living together. . now his parents want to file a case against me and take full custody for our child. what case they can file against me, adultery? they didnt have any proof of me living w/ another guy. can i still take full custody of my child? do they have grounds for full custody? thanks and more power.

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19 Re: Grounds for adultery and child custody on Fri Dec 27, 2013 5:54 pm

attyLLL


moderator
answered your other post


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20 Re: Grounds for adultery and child custody on Thu Jan 02, 2014 1:53 am

pyakenako


Arresto Menor
Hi atty. I am married and we are separated..i have 2 children , one is 6y.o and the other is 9y.o... We separated because my ex husband was irresponsible og when we fight he used hand and strangled my neck..he has no work and it was me and my mother help me financially since we were together and since i have my first child..im here in norway together with my children..my ex has child with another girl and his child is 1 y.o now...we got married 2007 and separated 2009...i want a full custody of my children, do i have a chance of having approve?or does that reason will be a ground for an custody and annulment?

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