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rights of an illegitimate child regarding

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1 rights of an illegitimate child regarding on Fri May 27, 2011 1:29 pm

aaliyah08


Arresto Menor
hi!! my question po ako regarding sa anak ko coming this month of june.. ano po b dapat ang gamitin nyang surname ung sa father nya or sa akin? hindi po kmi kasal and my pamilya cya. at in case po b n gamitin ko ung surname ng father nya hindi po b mgkakaproblem? un po kasi ang gusto ng father nya pero as of now ung father nsa abroad.
regarding nman po s support financially ano po b ang karapatan ng anak ko? pwede po dn dw ba cya ilagay bilang isa s mga beneficiary ng father nya example po s sss?
hope to hear some advice from you regarding this matter..thank you

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TiagoMontiero


Prision Correccional
^naka-sign ba ang Father niya sa Birth Certificate nang Bata, ngayon kasi through affidavit pwede na irecognize nang tatay ang anak niya, at with this recognition, pwede na i-annotate sa Birth Certificate na maaring gamitin nang bata ang surname nang kanyang tatay. With regard to support, depende kasi un sa needs nang bata at sa capacity nang tatay, maari din naman siya ilagay sa SSS as beneficiary, kasi anak naman siya.

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jojopepen6968


Arresto Menor
We have a truck which was bought by my father and his second wife. They have a child which is a minor.
When my father died, our eldest son has been using the truck for his commercial business and the profit derived from it was for him only.
Does the second mother has the right to ask for economic support from the eldest son out of the trucking business profit? The second wife is afraid of the eldest son because of his rude attitude . On our part as children; we wanted to give support to that second wife child derived from that trucking business.
If my eldest brother would not give any economic support to that second wife child is he liable to child abuse case?

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TiagoMontiero


Prision Correccional
^hi, kindly posts your queries in the main forum so that other members may also give their legal advice.

(a) As to the obligation to support the 2nd Wife, considering that she is just a step mother, the eldest son has no obligation to give support to her BUT, since the truck is part of the conjugal property during her marriage to your father, thus, she can claim more than half of the ownership of the truck (1/2 is her conjugal share, and then her share to the other 1/2 together with her minor son and the step childred), which includes the profit derived from it.

(b) As to the obligation to support the Minor Child, said child has the right to claim legal support from his half-brothers/sisters, thus, the eldest son has obligation to give support to his half-brother/sister together of course with his other siblings BUT only if the mother has no financial capacity to support her child as it is her principal obligationt to support her child.

(c) As to Child Abuse, it will be a bit difficult to prove it considering that it is not the elder son's full and primary obligation to give financial support to the minor child as it is principally the obligation of the mother, only if she do not have the financial means that the half-brothers/sister must jointly support the child. Nonetheless, if the elder brother is the only one who has the financial capacity to support and he neglect the same, then his act may fall under child abuse.

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hello po, asko lang po puede ko po ba ipadala sa abroad ang birth certificate ng anak ko para pirmahan ng tatay nya? di po kase kami kasal at nasa ibang bansa sya gusto ng ama nya na ipangalan sa kanya ang anak ko, sa ngayon po kase naka apelyido sa akin ang bata at gusto nya ipalipat sa apelyido nya...puede po ba yun na ipapadala ko sa kanya sa abroad ang birth certificate at ibabalik sa akin na may pirma na nya..tnx po

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attyLLL


moderator
he can go to the embassy and file an authority to use surname of the father and acknowledgment of paternity


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nadal


Arresto Menor
if illegitimate po ung child, di po b dpat ung surname muna ng mother ang gamitin dahil maaari clang makasuhan ng concubinage ng orig. wife ng husband nya kung matuklasan na may ibang anak ito sa ibang babae at sa kanya pa naka apelyido, addt'l evidence kasi un to file a case against them?

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attyLLL


moderator
nadal, not all children who are born out of wedlock are by parents who are married. i would agree with you if the married man was my client, but it is in the best interest of the child that his father be known so he will be entitled to support.


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