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lfrisnedi wrote:Hi,
I am living separately from my husband for 3 years now as I have found out since 2010 na may other woman siya and bear his 2 children. We are legally married and they're not. I wanted to use my maiden now instead of using his last name and he abandoned us. And I'm doing the solo parenting with our 2 kids. And no financial support at all from their father nor a single cent.
Can you please advise what's the best solution for this matter?
Thank you
lfrisnedi wrote:Hi Atty Katrina,
Thanks for your response.
I have read the Article 370 of the Civil Code stating that: Clearly, a married woman has an option, but not a duty, to use the surname of the husband in any of the ways. She is therefore allowed to use not only any of the three names provided in Article 370, but also her maiden name upon marriage. She is not prohibited from continuously using her maiden name once she is married because when a woman marries, she does not change her name but only her civil status. Further, this interpretation is in consonance with the principle that surnames indicate descent.
When I applied to update my information and transfer my residency in COMELEC I requested to use my maiden name instead of using my married name and they allowed me. My Meralco bill was named after me using my maiden name as well. Also my barangay certicate indicated my maiden name as my last name and lastly my solo parent id application was approved by law office who signed my affidavit to use my maiden name.
Hindi pa rin ba macoconsider na pwede kong gamitin ang maiden name ko since yun naman ang choice ko and for my security reasons kaya ko siya gustong gamitin instead my married name?
With the lack of financial support, my children's father does not have a job eversince our youngest child was born. I don't have any intentions of going back to him as well dahil hindi lang ako ang binubugbog niya madalas niyang pagbuhatan ng kamay ang panaganay naming anak.
Hoping to hear from you again.
Thanks.
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