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To Petition for Change of Surname OR To File for Adoption

3 posters

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ejfernandezlubid


Arresto Menor

The scenario:
1 I gave my first husband who I've two kids (ages 6 and 3) with, to his married girlfriend.
2 My first husband takes his married girlfriend to my former in-laws house and fabricates a story that it was I who was at fault why he had been unfaithful.
3 I met a better man two months after.
4 The better man helped me raise my kids from my philandering husband.
5 I raised my two children with love and respect for their father, but they've always looked up to that better man as theirs. They have not received any form of support from their absent father.
6 My first husband dies of a heart attack.
7 My daughter, my son and I were shamed during my first husband's wake.
8 I have gotten married the second time.
9 My daughter, son and I would like to get an adoption or petition for change of surname.
10 My daughter is already 20 and wants his 2nd father's surname on her diploma when she graduates next schoolyear. My son is turning 17 this May, who has been introducing himself by his 2nd father's surname, would also also be graduating from high school next schoolyear like his sister.

My children are not interested in anything else other than the change of their surnames, but my understanding is that they don't get to be beneficiaries of my 2nd husband without adoption. May I ask what would be the best thing to do at this point? Should I, by the urgency of my children's circumstance, petition for change of surname first?

xtianjames


Reclusion Perpetua

i believe you have to process the adoption first in order to have the change of surname since even if the real father died, he is still the father as far as the law is concerned.

Katrina288


Reclusion Perpetua

Yes, I agree with Xtianjames. Besides, the court is less likely to approve a change of surname based on the fact that your 2nd husband raised your children because it is not one of the grounds authorized under the rules for a change of surname.

Furthermore, change of surname is one of the consequences of adoption.

If you need legal assistance, you may email km@kgmlegal.ph

Regards,
Atty. Katrina

http://www.kgmlegal.ph

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