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cohabiting partners rights and legal obligations

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jardenierre


Arresto Menor
Hi Good day!

I have a boyfriend for exactly 8 yrs and 9 months now. We already want to get married and start our own family since then. The problem is he is still with his by now 16-yr live-in partner and they have a 8 yrs old daughter. He was about to terminate their relationship 8 yrs and 4 months ago when he found out that she is 5 months pregnant. From then on he remain living with her for the kid, he loves his daughter very much. He was threatened that if he terminate their relationship he will never see his daughter again. But since we truely love each other we decided to continue our relationship until now living like husband and wife except that we are not living together, he promised me marriage but we just need to wait because of the complication. But lately another problem arise, their marriage certificate is being required by the school his child is in. Isn't that discrimination already? He is now in great dilemma he love his child very much but he loves me too. If he marry the mother of his child he knows he will loose me and he doesnt also want that to happen. And that he will also be unfair to both him and the mother. Will he not be more legally liable if he marry the mother just for the sake of the kid.We are also concern about the legalities of everything. Please advise us on the following.

He wanted to legalize our relationship and be married and have children of our own but he is thinking of his daughter and the possible legal action the mother can do on us.

Can he terminate their relationship?What are the legal ways/processes to do so?

Can his daughter really be taken away from him, what is his legal right towards his daugher? he signed her birth certificate so the child was recognized as his.

Can we marry?Can she file a legal case on us if we do so?

If he will marry her?Do i have a legal right to protest? We dont have a child but we do everything husband and wife are doing in all aspects except living together.

What are his legal rights and obligation to his child, to me and to the mother of his child?

What are my legal rights and obligation on the situation?

What are the mother of his child's and his child's legal rights?

What legal case can she file on us now and if we marry?

What should we do legally that can benefit all of us involved in the situation?

Sorry to keep this too long, hoping for your legal advises.

Thank you very much.

Respectfully yours,
Jardenierre

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attyLLL


moderator
I ASSUME THE GUY IS LIVING WITH THE OTHER GIRL

Can he terminate their relationship?What are the legal ways/processes to do so? YES, THERE IS NO LEGAL BOND BETWEEN THEM. BUT NOTE THAT ALL THEIR EARNINGS AND PURCHASES DURING THE TIME THEY ARE TOGETHER ARE CO-OWNED BY THEM.

Can his daughter really be taken away from him, what is his legal right towards his daugher? he signed her birth certificate so the child was recognized as his. HE HAS NO CUSTODY RIGHTS, ONLY VISITATION RIGHTS. HE HAS AN OBLIGATION TO PROVIDE SUPPORT.

Can we marry?Can she file a legal case on us if we do so? YES, NO.

If he will marry her?Do i have a legal right to protest? We dont have a child but we do everything husband and wife are doing in all aspects except living together. NO.

What are his legal rights and obligation to his child, to me and to the mother of his child? NONE TO YOU AND THE MOTHER. OBLIGATION TO SUPPORT HIS CHILD.

What are my legal rights and obligation on the situation? NONE. EXCEPT NOT TO BE PHYSICALLY OR PSYCHOLOGICALLY ABUSED

What are the mother of his child's and his child's legal rights? MOTHER HAS PROPERTY RIGHTS AS STATED EARLIER TO THEIR CO-OWNED PROPERTY, CHILD HAS RIGHT TO BE SUPPORTED AND INHERIT LATER ON.

What legal case can she file on us now and if we marry? NONE THAT WILL PROSPER.

What should we do legally that can benefit all of us involved in the situation? DEPENDS ON WHAT YOUR OBJECTIVE WILL BE.



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jardenierre


Arresto Menor
Thank you very much for the enlightenment Atty. Yes your assumption is correct. I just would like to clarify on the following:

HE HAS NO CUSTODY RIGHTS -- even if the child choose to live with him?

ONLY VISITATION RIGHTS -- is there a limit?can the kid allowed to visit his father as well, or spent summer or weekend vacation with his father?

PSYCHOLOGICALLY ABUSED -- how can i know if i am psychologically abused? and if i am what are my rights?

By the way i have come across r.a. 9262 just now, can the girl use it against my boyfriend?

Again thank you very much!

Respectfully yours,
Jardenierre

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attyLLL


moderator
only the mother of an illegitimate child has custody rights. yes, the child can visit him.

see the grounds for psycho abuse in ra 9262. it can be used by the other girl, but only if the guy commits acts listed in the law.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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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jardenierre


Arresto Menor
Again thank you very much for the clarification Atty, just read the entire R.A 9262 and nothing of those acts has been committed by him.

Respectfully yours,
Jardenierre

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