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Free Legal Advice Philippines » FREE LEGAL ADVICE » FAMILY AND MARRIAGE » case VS the father who signed for affidavit of admission for paternity

case VS the father who signed for affidavit of admission for paternity

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singleMOM32


Arresto Menor

hi!
im a single monther. the father of my daughter is already married.
tinatakot siya nag wife na makakasuhan siya once na acknowldge niya yung anak namin since, kasal sila nung pinanganak ko yung bata. up to date, they are still living together. is there any basis dun sa claim ng wife. hindi namin masiayus yung mga bagay bagay dahil komukontra ang wife na hindi naman siya yung naghahanap buhay. hope you can help me with this.

thepoetsedge

thepoetsedge
Reclusion Perpetua

Maybe the legal wife can file a criminal case for bigamy against the husband, but she needs a lawyer to assess her evidences to see if her case will prosper in court. There are also a lot of elements needed for the crime of bigamy to be upheld by the court, so it is a pretty difficult case to file against the erring husband.

There are other cases that may be filed against the husband, but that entirely depends on what evidences she has that can be used against him.

singleMOM32


Arresto Menor

Thank you for reply.

she had a crop copy of the DNA test of the child. she always uses that as hard evidence. (cropted copy since what only shows was the result and names) The laboratory/ entity who performed the DNA testing was not included in the photo.

all the hard copies are with me, even the father dont have it.
is that enough evidence to build a case? with affidavit of admission for paternity?

the father is sea man, and he doesnt want to put his career in jeopardy, only to do his responsisbilities with my daughter.

singleMOM32


Arresto Menor

we are not married by the way.
is bigamy still counted for this?

thepoetsedge

thepoetsedge
Reclusion Perpetua

singleMOM32 wrote:Thank you for reply.

she had a crop copy of the DNA test of the child. she always uses that as hard evidence. (cropted copy since what only shows was the result and names) The laboratory/ entity who performed the DNA testing was not included in the photo.

all the hard copies are with me, even the father dont have it.
is that enough evidence to build a case? with affidavit of admission for paternity?

the father is sea man, and he doesnt want to put his career in jeopardy, only to do his responsisbilities with my daughter.

As far as I know, DNA testing DOES NOT establish paternity. What it does is merely establish the POSSIBILITY of paternity since a Supreme Court case held that DNA testing is not 100% foolproof, which cannot be used as basis for establishing paternity.

On your previous question of Bigamy, yes it cannot prosper if you are not married to the married man. Concubinage might be filed, but it has elements that are hard to establish in court.

You should consult a lawyer immediately to know your options.

Good luck.

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Free Legal Advice Philippines » FREE LEGAL ADVICE » FAMILY AND MARRIAGE » case VS the father who signed for affidavit of admission for paternity

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