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Court order

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1 Court order on Tue Jul 17, 2018 11:04 am

jersey


Arresto Menor
Hi..good day! May I please just ask for help from anyone who has the knowledge about my situation. I am an OFW since 2007, married with 3 kids. My wife had been having affairs with other guys while I was away but then last year, I found out that she got pregnant by her lover. I discovered she had left our children at my in laws care for 3 years now. I want to get my kids and have them live with me here abroad but the immigration asks for a court order. what shall i do? I already have an adultery case filed against my wife but the justice system is very slow. How can I get my children's custody and start our lives all over again abroad? Please help. Thanks

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2 Re: Court order on Tue Jul 17, 2018 12:01 pm

thepoetsedge

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Reclusion Perpetua
You need to hire a lawyer specializing in family law for him to file the necessary petitions in a family court regarding you getting the custody over your kids. There may be a need for the DSWD to get involved in this case, and you should clear that up with your lawyer.

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3 Re: Court order on Tue Jul 17, 2018 1:29 pm

jersey


Arresto Menor
how long does it take? Is it like a case to be filed in court? do you think I have an edge to get the sole custody of my children ? I pity them for they have to suffer away from me whilst their mother is very happy with her new family. She just dumped my kids just like a poop and I am so sorry for them I can't do anything to speed up having them with me.

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4 Re: Court order on Tue Jul 17, 2018 4:53 pm

thepoetsedge

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It really depends on the schedule of the court and the availability of the judge where the case will be raffled to.

As per the facts that you have mentioned and assuming that your wife will not contest your petition, then you do have an edge. It will be a different matter if your wife will join in the fray and contest your case.

Ideally, your lawyer will be able to give you a rough estimate on the timeline of your case depending on which family court your case will be assigned. He will also give you a rough estimate of the legal costs that you will incur.

Good luck with the case you will get into. Godspeed.

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5 Re: Court order on Tue Jul 17, 2018 6:36 pm

jersey


Arresto Menor
Thank you so much for answering my query. one more thing ..i filed an adultery case against my wife and her lover. They said last hearing that we will already proceed to resolution because the other party did not submit a counter affidavit. What does resolution means? If I'll win the case against my wife.. does that give me a bigger chance for my children's custody? Is it true that even if my wife will be found guilty, she may still not serve in prison? How come? I want justice for being betrayed for a long period of time not to mention my kids suffering from emotional torture of not having to live with either parents while studying.

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6 Re: Court order on Tue Jul 17, 2018 7:21 pm

thepoetsedge

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Resolution means the judge will now issue a decision regarding your case against your wife.

If you win the case, you can use the decision as part of the evidences against the unsuitability of your wife as the one enjoying custody over your kids. In a court of law, evidence is important in establishing an allegation.

If the court sheriff cannot find the whereabouts of your wife, then it will take a longer time for her to serve imprisonment for adultery if found guilty.

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7 Re: Court order on Thu Jul 19, 2018 9:13 am

jersey


Arresto Menor
Thank you so much for the info that you're sharing. May I ask if you know a very good attorney specializing in family law just near Cavite area preferably? if none in Cavite, then Manila maybe? Can you please recommend any of them? Thanks and God speed

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8 Re: Court order on Thu Jul 19, 2018 3:01 pm

thepoetsedge

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I apologize. I am still a law student and I know very few lawyers that I can absolutely recommend to handle your case.

Please check http://www.ibp.ph/ and see if there are lawyers near your area.

Try looking for Atty. Edward Chico. He was my civil law review professor in my school, and he is part of a law firm in Manila. He has a facebook account, so try adding him up or contacting him through his messenger.

Good luck, and Godspeed.

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