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1 need legal advice... on Tue Apr 26, 2011 4:18 am


Arresto Menor
hi there, i've been married for more than 8 years now with an 8 yr old daughter.

me and my husband are now physically separated for approx. 2 mos, he has a girlfriend now which he brings home for sleepovers for like 3x a week. this is not the first time he had a girlfriend..

for financial support: he's not giving any fixed amount, thinking that paying for the 50% of the tuition fee is enough and bringing lunch every sundays. for the last apartment that we had, he was already able to pay for half of the rent. but now he doesn't seem to consider paying for it anymore. i understand i can demand for this, but what will happen if he fails to give support? will i have the right to deprive him of seeing our daughter?

for custody: i know i have the right for custody, and he himself admits that our daughter should be with me. it is okay with me that he visits our daughter but what i do not like is him "borrowing" our daughter and take her to his place. knowing of the immoral background his family has and even him, taking his gf with him at their house. his sister also a broken family lives there, another sister who is not even married because the husband is still married... things like that... what can i file to prevent him from doing this?

also i have found out that his girlfriend is also married... what case can i file for the other woman if there is? though ive heard that the husband of that woman is already threatening her for adultery i think?

i also have evidences of their relationship. have some sweetpictures of them and in my husbands car, and also chats from facebook... what can i do with these? will these be useful?

hope you can help me with this, as i cannot file for annulment yet...

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2 Re: need legal advice... on Tue Apr 26, 2011 12:36 pm


denial of visitation rights is not a result of abandonment. he will always have that right unless the court denies him. on the other hand, if you simply deny him the right, he will have to ask the court to help him enforce his right.

if you want to be by the book, you can petition the court to deprive him of his visitation right, but i'd recommend you raise your complaints as a defense to his petition when you deny his right.

only you can file a case of concubinage against them both. the girl's husband is the only person who can file adultery.

use of the chats is doubtful for being violation of the right to privacy of communicaton. but the pictures can be used. if they are living together, you can establish concubinage or repeated marital infidelity under ra 9262

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