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rights of my illigitimate child to be...

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1 rights of my illigitimate child to be... on Fri Dec 23, 2011 12:47 am

banany


Arresto Menor
hi, i'm presently pregnant and i need some help regarding my baby..ganito po kasi yon pareho kaming hiwalay sa asawa ng bf ko, kung hindi nya po ba iacknowledge ang baby ko, na i know by heart na sya ang tatay can i demand for a child support?

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2 Re: rights of my illigitimate child to be... on Fri Dec 23, 2011 9:18 pm

attyLLL


moderator
unfortunately, no. your real husband is the real father, at least legally. only he can declare otherwise.


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3 Re: rights of my illigitimate child to be... on Sat Dec 24, 2011 6:08 am

banany


Arresto Menor
sorry atty ganito po yung situation...hiwalay po kami ng husband ko, ngayon po my bf ako, yung bf ko hiwalay na din po sa wife nya...now i'm 2 mons pregnant ang biological father po ay ang bf ko..just in case hindi po nya iacknowledge ang bata, may habol po ba ako sa child support?

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4 Re: rights of my illigitimate child to be... on Sat Dec 24, 2011 7:17 pm

attyLLL


moderator
i didn't misunderstand you. by law, (specifically the family code) mandates that your husband is the father of all your children while you are married.

it doesn't matter if in actuality he is not the biological father. only the husband is allowed to file a petition in court to say that he is not the father. and there's a max time limit of 1 year after the birth certificate is registered.

that said, the law will not allow you to seek support from some other guy. but this does not prevent you from trying to get support from him privately, not just through the courts.


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5 Re: rights of my illigitimate child to be... on Tue Dec 27, 2011 4:10 am

banany


Arresto Menor
talaga po??? Crying or Very sad ...so ndi ako pwde humingi ng help sa DSWD or sa women's help desk to ask for support?...as in it will be just me and him?...paano po pag hindi siya pumayag to support my baby...i dont have a choice?

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6 Re: rights of my illigitimate child to be... on Wed Dec 28, 2011 10:43 pm

attyLLL


moderator
you can try, but that is what the law says. you can ask for support from your real husband.


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7 Re: rights of my illigitimate child to be... on Thu Jan 19, 2012 12:44 am

banany


Arresto Menor
atty. i tried asking help from dswd and gabriela but they only referred me to IBP for counseling, since my bf wanted me to abort the baby they said i can file a criminal case against him, pwede po ba deretso nlang sa police? kasi he has a plan of giving me another cytotec this weekend gusto ko mahuli sha caught in the act giving that medicine, ayoko naman sha makulong i just want him to learn his lesson na hindi dapat tinatakbuhan ang responsibilidad.

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8 Re: rights of my illigitimate child to be... on Thu Jan 19, 2012 10:55 pm

attyLLL


moderator
ra 9262 can indeed apply. going to the ibp is good advice


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9 Re: rights of my illigitimate child to be... on Fri Jan 20, 2012 12:59 am

mithzype


Arresto Menor
atty. ako po ay ma 7 yrs old na anak na babae hiwalay na po kami ng tatay nyang seaman sa kasamaang palad hindi po kami kasal. pero ang last name na gamit ng anak ko e yung sa tatay nyang seaman at pirmado po .eto na po ang problema naghiwala na kami at my iba na akong kinakasama ang tanong ko po.pwede po ba ako humingi ng sustento para sa bata.??may habol din po ba ako sa mga naipundar nung nag sasama pa kami almost 11yrs po kami nag live in e.thanx po

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10 Re: rights of my illigitimate child to be... on Sun Jan 22, 2012 3:16 pm

attyLLL


moderator
same as here: http://www.pinoylawyer.org/t9714-change-of-last-name-of-child#43230

if you lived together and there is no impdment to marry, you are presumed to own half of
the properties acquired during the relationship


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11 Re: rights of my illigitimate child to be... on Sat Feb 18, 2012 10:31 am

shellarose22


Arresto Menor
o



Last edited by shellarose22 on Wed Feb 29, 2012 12:01 pm; edited 1 time in total

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12 Re: rights of my illigitimate child to be... on Sun Feb 19, 2012 10:44 am

attyLLL


moderator
if your marriage is annulled based on psycho incapacity, then your child will remain to be the legitimate child of your husband, unless he files a cases to impugn the child's legitimacy


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13 Re: rights of my illigitimate child to be... on Sun Feb 19, 2012 10:58 am

shellarose22


Arresto Menor
o



Last edited by shellarose22 on Wed Feb 29, 2012 12:02 pm; edited 2 times in total

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14 Re: rights of my illigitimate child to be... on Thu Feb 23, 2012 10:51 pm

attyLLL


moderator
if the child is born before the annulment or within 300 days after, then it will be considered your husband's child.


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