Non-marital Child Born during Marriage

KirkCorr · 1 Non-marital Child Born during Marriage Wed Jul 26, 2017 2:15 pm

KirkCorr

Arresto Menor

Posts : 2
Join date : 26/07/2017

Hi. I'm helping a friend's case.

His wife got pregnant with another man but his wife put his name as the Father in the birth certificate of her child. (They don't have their own child btw.)

Can he file a case against this? What other legal advice you could give if he is also planning to file for an annulment? Can these 2 cases be filed at once?

Thank you for the help!

xtianjames · 2 Re: Non-marital Child Born during Marriage Wed Jul 26, 2017 2:59 pm

xtianjames

Reclusion Perpetua

Posts : 2265
Join date : 13/12/2015

yes he can file a case against his wife. he should hire a lawyer to discuss what other cases can be filed.

if he plans to file for annulment, there are specific grounds for this. This scenario is not one of them.

Jadis · 3 Re: Non-marital Child Born during Marriage Fri Jul 28, 2017 3:17 pm

Jadis

Reclusion Perpetua

Posts : 1176
Join date : 23/05/2017
Location : Baguio City

He has to ask a lawyer for help. The action you are referring to is for him to impugn the legitimacy of his wife's child. That action is time-bound and before the child is even two years old, I suggest that he act now.

Adultery per se is not a ground for annulment or declaration of nullity. It is only a ground for legal separation. However, adultery could be an underlying manifestation or symptom of psychological incapacity, which is a ground for declaration of nullity. Your "FRIEND" should consult a lawyer where he is.

KirkCorr · 4 Re: Non-marital Child Born during Marriage Fri Jul 28, 2017 3:58 pm

KirkCorr

Arresto Menor

Posts : 2
Join date : 26/07/2017

Jadis wrote:He has to ask a lawyer for help. The action you are referring to is for him to impugn the legitimacy of his wife's child. That action is time-bound and before the child is even two years old, I suggest that he act now.

Adultery per se is not a ground for annulment or declaration of nullity. It is only a ground for legal separation. However, adultery could be an underlying manifestation or symptom of psychological incapacity, which is a ground for declaration of nullity. Your "FRIEND" should consult a lawyer where he is.

Thank you! Where should he file the case? In the city where his wife resides or in the city where he resides right now?

Jadis · 5 Re: Non-marital Child Born during Marriage Fri Jul 28, 2017 4:37 pm

Jadis

Reclusion Perpetua

Posts : 1176
Join date : 23/05/2017
Location : Baguio City

Venue is usually where the record of the child exists, because in effect, you will be correcting the entry as to the father's name, and you will have to include as respondents the local civil registrar and the Philippine Statistics Authority.

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Non-marital Child Born during Marriage

1 Non-marital Child Born during Marriage Wed Jul 26, 2017 2:15 pm

KirkCorr

2 Re: Non-marital Child Born during Marriage Wed Jul 26, 2017 2:59 pm

xtianjames

3 Re: Non-marital Child Born during Marriage Fri Jul 28, 2017 3:17 pm

Jadis

4 Re: Non-marital Child Born during Marriage Fri Jul 28, 2017 3:58 pm

KirkCorr

5 Re: Non-marital Child Born during Marriage Fri Jul 28, 2017 4:37 pm

Jadis

6 Re: Non-marital Child Born during Marriage

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