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Annulment and Change of Child's Name

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1Annulment and Change of Child's Name Empty Annulment and Change of Child's Name Sun May 28, 2017 8:05 am

Vandi


Arresto Menor

Hello po, i would just like to ask if possible po ba na ma change ang name ng anak ko from that of his father's to my maiden name. I want also to have an annulment with him. I have been experiencing emotinal torture from him and his mom. And may mga msgs po ang father everytime nag aaway kami na hindi na raw po sya makikialam sa amin sa bata and he also declares not to support us. He also stated that i may change the name of the child. Pa.help po ako. I really need this now. Masyado na rin po kasing nakikialam ang mom nya and panay banat ng mga salita na akala nya hindo nababasa. Emotionally tortured po talaga ako and to think na 6 mos palang si baby and i'm breastfeeding. Help me pls.



Last edited by Vandi on Sun May 28, 2017 8:36 am; edited 1 time in total (Reason for editing : To add further details)

2Annulment and Change of Child's Name Empty Re: Annulment and Change of Child's Name Sun May 28, 2017 1:44 pm

xtianjames


Reclusion Perpetua

kumuha ka ng abogado since ang annulment ay kailangan dumaan sa korte.

3Annulment and Change of Child's Name Empty Re: Annulment and Change of Child's Name Mon May 29, 2017 4:37 pm

Jadis

Jadis
Reclusion Perpetua

With what you have narrated so far it does not look like you have a ground for annulment. There are very specific grounds for annulment found in Article 45 of the Family Code. Your situation is not one of them.

You may have a ground for legal separation, but a decree of legal separation does not entitle you to marry.

Then there is the catch-all declaration of nullity by virtue of psychological incapacity where you have to prove: 1. that the incapacity already existed before the marriage even if it manifested itself after (the scenario you provided does not show that your husband was already abusive before you married); 2. the incapacity is so grave and serious that your husband cannot comply with his essential marital obligations to you; and 3. the incapacity is so grave and serious that it cannot be cured.

You may opt to ask for a protection order from the court if your husband and mother-in-law are abusing you. Consult a lawyer.

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