Filipino guy married to a chinese girl files for annulment

Hello there,

So after 7 years of relationship, i finally decided to file for annulment and a couple of question i would like to confirm.

1. Marriage Certificate - I am a Filipino Citizen and She is a Chinese Citizen. We got married at Trial court in the Philippines however she never used my family name on the Marriage Certificate.

"Meaning ako c Juan Dela Cruz pero sya pa rin c Yao Ming. Dapat sana Yao Ming-Dela Cruz pero ayaw nya kasi she will remain a Chinese Citizen and she refuses to change her name.

My question is - Can I use this as one of the reason why I want to annul the marriage? I always feel insecure and embarrassed everytime I came across with people asking me "why she never used your family name??" kasi overseas my mga legal documents hinahanap sa akin tinatanong why she has a different surname. I always have to explain na interracial marriage kami and in China pwede pala hindi gamitin ang family name ng guy.

To prove it sa marriage certificate namin both parents name ng wife ko magkaiba pangalan. i.e Daddy name - Dao Ming Su Mothers name - San Chai. gets?

2. Child Custody - We have a 5 yr old daughter. She was born in the Philippines on January 2012 and was raised in China for 3 yrs and then moved to USA to study for 7 months and finally came back to the Philippines last July 2017.

Here's the story, I was working in Singapore and she gave birth in the Philippines and we decided to bring our daughter to China to study Mandarin when she's 1 yr old. So every month literal umuwi ako sa Pinas to see my daughter. I was very motivated na kunin sila sa Singapore para mabuo na family namin.

However after a year, the original plan was to bring our daughter to China while I work in Singapore. Sabi ko kay misis "why not I work in China to be an English Teacher for us to be together" Unfortunately she's refused for me to work in China kasi its degrading daw. She claimed that its an embarrasment for her to get married to a Filipino English Teacher. And by the way She is a Lawyer in China and I'm an Engineer.

So what i did is "OK (tiis tiis muna) I will work in Singapore and both of you stay in China but I promise I will bring both of you here in Singapore" Fast forward after a year I got a salary increment and was eligible for a Dependent Pass which allows you to bring your family in Singapore.

To cut story short, nadala ko wife ko tapos kami muna then susunod na anak namin pero my wife isn't happy. Take note, this is the first time magkakasama kami and kami dalawa lang, walang katulong as in start as a family. She had multiple job offers but was not inline with her education and career. So she decided leave Singapore and went back to China. As a result, my daughter was left behind in China and never came to Singapore and enjoy the benefits of having a Dependent Pass. Ung mga pangarap ko at pinaghandaan ko for almost 2 yrs tinapon at nawala lang parang bula.

Until now up to this date, this was the biggest loss I have had experience in my life. Nakuha ko na lahat lahat tinapon pa nya. My sarili nako HDB Apartment tinapon pa nya. Remember ko pa sinabi ni Papa at Mama - "Kung Filipina lang sana asawa mo eh di sana nagtulungan na kayo"

From there I lost my job and never listened to my parents and moved to China, use all my savings money to study Mandarin in a famous university.

Sobrang haba nito story ko - fast forward muna tayo my question is - My daughter is currently in the Philippines but without any support from her Mom. Her mom acknowledged na OK you can take our daughter but when you cannot support her bring her back to me. Is this legal?

OK sorry i will type more pero sagutin nyo muna tanong ko. Her mom and I are not talking anymore and we just came from the US and i suspect she already has a new BF.

1. no, annulment has specific grounds.

2. you can share custody of the child. if you want sole custody, you have to prove in court that your wife is unfit to take care of the child.

3. both of you should support your child. However, since she is not a Filipino, she is not covered under the Philippine law jurisdiction.

1. Even in the Republic of the Philippines a married woman has the option to maintain her name, use her husband's surname, or hyphenate her name.

I don't understand why this is such a huge issue for you.

Unfortunately not using your name is not a ground for annulment.

2. What is your issue? Do you want your wife to take your child away from you? The law says no child below seven years old shall be separated from the mother unless the mother is proven unfit in a court of law.

If you want your wife to help support your child, ask her and if she is unwilling, go to court.

If you do not want to stay together ask her to initiate a divorce in China and send you an autheticated copy of the decree of divorce.

3. You cannot demand a response to your long tirade as a matter of right.

@xtianjames

1. no, annulment has specific grounds.

Can you elaborate this further

3. both of you should support your child. However, since she is not a Filipino, she is not covered under the Philippine law jurisdiction.

Do you mind providing me a link of the Philippine law jurisdiction

Thank you

@Jadis

How are you?

I don't understand why this is such a huge issue for you.

Please carefully read my previous message

If you do not want to stay together ask her to initiate a divorce in China and send you an autheticated copy of the decree of divorce.

How did you came up with this? Can you provide me a link to support your answer

3. You cannot demand a response to your long tirade as a matter of right.

is this relevant?