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paternity case

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1paternity case Empty paternity case Thu Jun 17, 2010 5:59 pm

heartofheart


Arresto Menor

I am a married woman who has been living separately from my husband for 2 yrs now. My husband visits our 2 kids though almost everyday. During our separation, I had an affair with a married man and got pregnant by him. My husband was so furious yet he accepted the child and gave her his name and made her his legitimate child. I want out of the affair (but wont go back to my husband as well) but this married man keeps on threatening to file a paternity case and furnish my employer with the proceedings. Can the court compel for a DNA test on my child without our consent since she is mine and my husband's legitimate child?

2paternity case Empty Re: paternity case Fri Jun 18, 2010 12:42 am

attyLLL


moderator

no, the court will not allow the biological father to establish his illegitimate filiation with the child because this would be indirectly impugning the legitimacy of the child.

only your husband has the right to impugn the child, and can only do so within 1 year from registration of the birth certificate.

you can file or threaten to file a case of psychological violence against your former lover for his threats. this may make him think twice of his plans.

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3paternity case Empty Re: paternity case Fri Jun 18, 2010 11:22 am

heartofheart


Arresto Menor

Thank you so much attorney. This has uplifted my dying spirit. God bless you and your family.

4paternity case Empty paternity case Fri Jun 18, 2010 11:38 am

heartofheart


Arresto Menor

Anyway atty, please tell me the legal basis or law that is relevant to my defense. Thanks.

5paternity case Empty Re: paternity case Fri Jun 18, 2010 5:09 pm

attyLLL


moderator

"Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.

http://www.ops.gov.ph/records/ra_no9262.htm

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6paternity case Empty paternity case Mon Jun 21, 2010 11:41 am

heartofheart


Arresto Menor

Thanks Atty. But I would like to know the legal basis or law on the "after 1 yr, my husband cant question or impugn the legitimacy of our legitimate child". Sorry for my kakulitan atty. I just want to win any future battle that would try to take my child away from me.

7paternity case Empty Re: paternity case Tue Jun 22, 2010 12:18 am

attyLLL


moderator

family code:

Art. 170. The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or its recording in the civil register, if the husband or, in a proper case, any of his heirs, should reside in the city or municipality where the birth took place or was recorded.

If the husband or, in his default, all of his heirs do not reside at the place of birth as defined in the first paragraph or where it was recorded, the period shall be two years if they should reside in the Philippines; and three years if abroad. If the birth of the child has been concealed from or was unknown to the husband or his heirs, the period shall be counted from the discovery or knowledge of the birth of the child or of the fact of registration of said birth, whichever is earlier.

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