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child born out of adultery

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1 child born out of adultery on Sun Aug 28, 2011 5:45 am

mshelp


Arresto Menor
i am currently married but is separated with my husband for 5 years now. I got into another relationship and had a kid after a year of separation. the guy that i had an affair with left me when i was pregnant. when i delivered my baby 4 years ago, i got the last of my husband as the baby's last name as the other guy was also gone and thinking that i am still having my married name, i had my new baby's last name followed that of my ex-husband's last name. Is this allowed? I do not have any communication with my ex-husband for the last 4 years now. And my second baby is going to school with the last name of my ex-husband and not of the baby's real father. Is this legal? or can my husband file charges against me because of this? I believe he is living with another girl now. Please advise. and if ever i want to change the last name of my kid to my maiden last name, how will i do that? what are teh requirements?



Last edited by mshelp on Sun Aug 28, 2011 6:08 am; edited 1 time in total (Reason for editing : add'l inquiry)

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2 Re: child born out of adultery on Wed Aug 31, 2011 5:21 pm

attyLLL


moderator
what you did on the child's birth certificate was legal.


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3 Re: child born out of adultery on Sun Sep 04, 2011 3:49 pm

mshelp


Arresto Menor
thank you for the response attyLLL. I you would allow another question please ---

After a few years of me committing adultery, can my ex-husband still file a case against me? when the crime was committed a few years back? what are my chances that i may not be convicted of such crime? i am no longer with the father of my 4 year old kid. nobody knows who was the father of my kid. I have kept the identity very confidential. please be advise.

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4 Re: child born out of adultery on Sun Sep 04, 2011 10:47 pm

attyLLL


moderator
does your husband know about the child and that he is not the father?


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5 Re: child born out of adultery on Tue Sep 06, 2011 8:12 am

mshelp


Arresto Menor
yes he knew about the child and he also knew he was not the father.

He once filed a case of adultery against me but it was denied. Because he filed it thru his hometown trial court and the crime was committed outside the jurisdiction of said trial court.
He did not file a case against me after that.

My concern now is that, if he file a case to the proper court, can he still do so? In what way can i escape this kind of case?

Some people told me that if the identity of the father of my kid was not divulged, this could weaken the case and would eventually be denied again. When he first filed the case, the name of my kid's father was defaulted to "john Doe". Nobody knew about his identity, even his name, not even my family. Is there a truth to this opinion?

Please advise.

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6 Re: child born out of adultery on Tue Sep 06, 2011 7:17 pm

attyLLL


moderator
yes, he ca refile the case, but he has to allege and prove where you had sex.

the lack of name of the father only affects the father, not you


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7 Re: child born out of adultery on Wed Sep 07, 2011 12:50 pm

mshelp


Arresto Menor
is there anyway i can defend myself against the sanctions of the case? Should he get the details of the place where we had sex? how can he prove that i had sex there?

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8 Re: child born out of adultery on Wed Sep 07, 2011 9:41 pm

attyLLL


moderator
i believe that is where your defense lies, that it is difficult to prove where the sex was committed.


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9 Re: child born out of adultery on Fri Sep 09, 2011 3:06 am

mshelp


Arresto Menor
how about my kid. can he use the kid as proof that i committed adultery? or unless proven in court, my kid by aw shall still be considered his? please enlighten me on this. thank you.

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10 Re: child born out of adultery on Fri Sep 09, 2011 8:30 pm

attyLLL


moderator
the presumption is that the child is his.


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11 Re: child born out of adultery on Sun Sep 11, 2011 7:12 am

mshelp


Arresto Menor
thank you so much for taking the time to reply to all my queries. God bless you.

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12 Re: child born out of adultery on Sun Sep 11, 2011 7:16 am

mshelp


Arresto Menor
add'l question, if you don't mind. if i file for annulment, how much will it cost me and usually how long will it get resolved? is it true that after 7 years of no communication with my ex-husband, our marriage will be considered as null and void automatically? or do i still need to file for the nullity of marriage?

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13 Re: child born out of adultery on Sun Sep 11, 2011 9:44 pm

attyLLL


moderator
no, that is not true, not even if it's 50 years. see the proper grounds here: http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separation-of-property

cost depends on which lawyer you retain


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14 Re: child born out of adultery Today at 6:10 pm

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