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RA 9262/adultery

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1 RA 9262/adultery on Wed Jun 15, 2011 3:34 pm

raider


Arresto Menor
I'm a seaman and my wife had another man when im abroad. When I got home I peronally discovered it. And file an annulment case and was granted last Nov.2010. Now my child is in her custody as the court said. But she already had a baby on her paramore and I deceide to take the custody of my child in fear of spending my child's money in their baby's needs. but she refused to to that and even DENY MY VISITATION RIGHTS. So I stop giving money to my child until she obey the court that I can visit my child 4 days a week. Im afraid that she will file RA 9262 against me when i go out again for abroad.. Any advice from my situation? CAn I file adultery case against her eventhough we are already annuled?
thanks

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2 Re: RA 9262/adultery on Thu Jun 16, 2011 2:24 pm

attyLLL


moderator
interesting question on the adultery. the child was conceived before the annulment? if she committed the sexual intercourse before the marriage was dissolved, my opinion is that should be considered adultery. when was the spurious child born?

How old is your child? I recommend that you send your money to someone else who will buy groceries for your child. A mix of goods and some money, with in all cases, retaining proof of giving to her.


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3 Re: RA 9262/adultery on Thu Jun 16, 2011 6:22 pm

raider


Arresto Menor
Their child was born before our annulment case was resolved. And out the money I told her that anytime she can go to my parents house and get some money for my child but shes very hardheaded and never did that also she threatens me that she will file RA 9262 against me and go to POEA/OWWA for my repatriation.. Why is it that the RA 9262 is very unfair for the male specially those fathers who shed blood and tears to raise the family? thnks for your advise...

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4 Re: RA 9262/adultery on Thu Jun 16, 2011 7:31 pm

attyLLL


moderator
in that case, the law looks upon that spurious child as your child. did the court mention anything about that spurious child? you should try to find out what she declared in the birth certificate. you may have to file a petition to impugn the legitimacy of that child.

again, find a way to provide support to your real child.


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5 Re: RA 9262/adultery on Thu Jun 16, 2011 7:55 pm

raider


Arresto Menor
just got a copy of the birth certificate of the child. mother used her maiden name eventhough that the annulment was not yet finished. the father was her paramore clearly stated on what i had right now.

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6 Re: RA 9262/adultery on Thu Jun 16, 2011 8:38 pm

attyLLL


moderator
buti na lang. that will be good evidence of adultery.


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7 Re: RA 9262/adultery on Fri Jun 17, 2011 6:18 pm

raider


Arresto Menor
If i can have my child's custody order from the court then still she insist to give my child to me. What case can i file against her? Am i still obliged by the law to give child support even i have my custody order?

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8 Re: RA 9262/adultery on Fri Jun 17, 2011 10:14 pm

attyLLL


moderator
if you have custody of the child, then you no longer need to send support.


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9 Re: RA 9262/adultery on Sat Jun 18, 2011 12:42 pm

raider


Arresto Menor
khit na po ayaw nya bigay sa akin ung child?

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10 Re: RA 9262/adultery on Sun Jun 19, 2011 10:05 pm

attyLLL


moderator
your question assumes you have a court order granting you custody of the child.


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11 Re: RA 9262/adultery on Mon Jun 20, 2011 10:34 pm

raider


Arresto Menor
Yun po kc ung problem q. If I will have the cutody order of my child and my ex wife doesnt want to give the child.. Pag nsa kin n po ung custody order n kung ndi po ako nabgay ng sustento pwde p b nya q habulin sa POEA to file RA 9262 against me.Becoz Im planning to take these to the court before ako sumampa uli ng barko. Para po maiwasan ung problema while onboard.

thanks for your time atty...

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12 Re: RA 9262/adultery Today at 11:37 pm

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