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can I file a case against my common law partner?

2 posters

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jasms


Arresto Menor

ihave a common law partner we've been together for 15 years we have a 9 year old son he is working abroad. he communicates and support us constantly he just had his vacation very recently and he stayed with me during his vacation, found out with him that he got another girl pregnant abroad, said napilitan lang daw sya mkisama sa girl coz at the time magkaproblema sya sa company nya yung girl at family nung girl ang tumulong sa kanya napilitan lang daw sya makisama sa babae dahil sa utang na loob at kami daw ng anak nya iniisip nya kaya ayaw nya mawalan ng trabaho. sabi nya kami daw ang priority nya at mahal na mahal pa rin daw nya kami na original na pamilya nya, pero di nya rin mahiwalayan yung girl dahil daw sa naging anak nila, ano po ba pwede kong gawin para masiguro ko man lang ang future ng anak ko na di nya puputulin ang sustento nya sa bata, Ano po ba pwede kong i file na kaso sa kanila, sa partner ko na pinaasa ako yun pala may kinakasama na sya don na iba. tnx po

attyLLL


moderator

did he sign your child's birth certificate?

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jasms


Arresto Menor

yes he is the one who filled up the birth certificate, he even indicated on the birth certificate that we were married kahit alam nya na gawa gawa lang yong papel na yon ng uncle nya

jasms


Arresto Menor

actually tiningnan ko po ung birth certificate ngayon wala pala syang signature kasi nga po pinalabas nya na kasal kami para masunod sa apelyido nya yung anak namin

attyLLL


moderator

so who was signed as declarant in the birth certificate

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jasms


Arresto Menor

I am, am i able to sue him the fact na niloko nya ako making me believe na ako lang or kami lang ng anak nya ang pamilya nya tapos may kinasama sya don na iba wihtout my knowledge? I was thinking if I send him a paper right now demanding for an amount for support and make him sign it will that be enough assurance na di maagrabyado ang son ko? thanks

jasms


Arresto Menor

I am, am i able to sue him the fact na niloko nya ako making me believe na ako lang or kami lang ng anak nya ang pamilya nya tapos may kinasama sya don na iba wihtout my knowledge? I was thinking if I send him a paper right now demanding for an amount for support and make him sign it will that be enough assurance na di maagrabyado ang son ko? thanks

attyLLL


moderator

if were his lawyer, i would argue the false marriage and that you were the one who committed the falsification. with the falsity of the marriage, there is no proof that he is the father.

you can send a demand letter.

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jasms


Arresto Menor

we have agreed that I will be drafting a letter of support will send it to him and said he will sign it, will that be enough guarantee? what about our property a piece of land that we have acquired for the past 15 years? I am working myself so I also have a share on that.. the house that we bought, which is payable in 30 years, we are only on our third year,said this house is for his son anyway is it right to ask his share on that as well? where can I go to have this letter drafted canthis be done by a notary public?

attyLLL


moderator

have him notarize the letter and that will be binding.

he can refuse to pay for the house and you cannot compel him

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