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Children custody, adultery and blackmailing (need help badly)

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pinkcheese


Arresto Menor
I have a situation in which my two children (ages 3 and 1) are not with me. my husband is the one employed and he always say that he's the one providing for the kids so they should be with him. although I know that I have the right to have my kids with me, I decided to conform with what he wants until I get a job that's stable so I can support my two kids. i know that I have the law on my side and I can easily go and talk with DSWD about the custody of the children and about the financial support from him. My only problem is that he would file an adultery case against me if I pursue to get the custody of the kids. he has pictures of the guy and me kissing but the affair lasted long ago before he found out about it. but that's what he's using against me now. I want to get my kids but I really don't want to go to jail. Can the pictures be used against me as an adultery evidence? the pictures only consists of me and the guy kissing. the saddest part of it all is that he will be working in mindanao (We are from Luzon). and I think he has the idea of taking the kids with him there. please I need legal help of what I can and need to do. Thank you so much.

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pinkcheese


Arresto Menor
although I have experienced marital rape, sexual abuse, emotional and verbal abuse and oral defamation from him, his mother and relatives I did not file a case against them because I don't want it to reach higher court. It is also because he might use his counter-attack against me and that is the adultery case. help po please

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attyLLL


moderator
adultery is having sexual intercourse with another man. pictures of kissing are unlikely to prove that.


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pinkcheese


Arresto Menor
Thank you so much for your reply Atty. I was not able to sleep for nights thinking about the blackmail. so more likely if I would pursue the custody of the children, I would win? and the pictures he's holding would not be enough evidence for an adultery case against me? Because that's the only thing that hinders me to get my children. Thank you so much sir.

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attyLLL


moderator
if that's the only evidence he has, in my opinion, it's not good enough. good luck in getting your children.


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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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