I am glued to this tele-serye which will be ending in a couple of days.
The Legal Wife is Monica, a devoted wife and mother who decided to leave her husband, Adrian, after she finds out that Adrian’s mistress who happens to be her best friend is going to bear her husband’s child.
Annulment has been mentioned in the series. This made me wonder what are the rights and legal issues a solo parent (the separada or the mistress) and child may encounter.
Legal Issues a Solo Parent and Child in the Philippines May Encounter:
Husband and Wife decided to separate. A private arrangement for joint custody of the children has been agreed upon between the couple. How can the Wife be sure that the Husband will not escape his duty and responsibility to the children?
If the wife is not sure if the husband will fulfill the private arrangement for joint custody, the best thing to do is to have the arrangement approved and recognized in court. So if ever the husband tries to evade his responsibility, the wife can always invoke the power of the court in enforcing the husband’s obligations found in the agreement.
I want my marriage annulled and I would like keep the house for me and my children. Can I demand more than half of my share especially since I think that is perfectly fair for me and my children?
The husband can always demand for half of your conjugal properties which is his legal right and the court will need to consent unless there is a prenuptial agreement. You and your husband should discuss talk and agree on who gets which assets.
My daughter’s father never gave child support since I did not ask for it. Can I demand for the three years’ worth of child support he failed to give?
child and the financial capacity of the giver. If your ex-boyfriend does not have a decent job, demanding a monthly child support of P5,000.00 may be too much, but if he is a billionaire, demanding for P100,000.00 as monthly child support may not be much. Child support can change, depending on these two factors.Article 194 of the Family Code states that support comprises everything indispensable for sustenance: dwelling, clothing, medical attendance, education, and transportation. Give your child’s father a breakdown of your monthly expenses so he can see how much money is really needed for raising your child.I discovered that my husband was married way before there was “us”. Will our kids be considered illegitimate? If I file for annulment, can I ask for child support?If the husband was married before you did, your marriage will be considered bigamous and therefore deemed void from the beginning. Your children will be considered illegitimate. You can still demand for child support, though. The Family Code provides that all acknowledged children, legitimate or illegitimate, are entitled to parental support until they are gainfully employed.
Make child support as one of the major issues once you file for annulment so you will be assured that the father will provide child support immediately.
I have an eight-year old son. My ex-boyfriend suddenly comes back and wants to be involved in raising our son. Can he file for visitation rights? Can the court let my eight-year old son decide how often his dad can see him? Can the court compel him to choose who he wants to stay with?
It is a constitutional and natural right for parents to care for their children and to see to their upbringing and welfare. If he files for visitation rights, the court will grant it unless you can prove that his visits will be detrimental to your child. You can, of course, impose reasonable limitations on the time.
Under the law, single mothers enjoy sole parental authority over illegitimate children and therefore, the choice of a child who is over seven year old of age does not apply to this situation. Your ex-boyfriend cannot make important decisions regarding your child and he cannot be granted custody unless he can prove that you are morally unfit to perform your duties as a mother to your child
guardian?Parental authority can be transferred only in cases of adoption or guardianship. Therefore, you cannot simply appoint a guardian for your child. In case a parent dies, the surviving parent takes custody of the child. But what if you guys have not been married? If you are not married, you as the mother have sole custody of your child. Your mom shall exercise substitute parental authority and if your mom is not able to take care of your child, your sibling or a substitute guardian over 21 years of age can be given custody as provided for under Article 216.If your ex-boyfriend decides to file custody, will need to prove his filiation to the child through a paternity test or other means. The law will always give parental custody to the natural parent, but if your family can prove that he is an unsuitable father, he cannot be granted child custody even in your absence.
My son is born out of wedlock, unacknowledged, and will follow my surname. What about his middle name? Can he use mine?
An unacknowledged illegitimate child can only use his given name and his mother’s surname. As to giving your middle name to your child, the law does not provide such remedy.
The length of time you have been apart will not matter especially since the annulment will still be based on the same grounds. The proceedings may be less emotional thought since both of you have been apart for long. Also, the length of separation can be considered proof that you and your husband are better off separated. The court will not grant a petition for annulment if it seems that the marriage was never given a change to work out, Still, being separated for such a long time will not guarantee you that you will get your annulment.
What’s the strongest case I can file against my ex so he will never bother us again?
There is really no way to tell which one is easier because every case is different. It would depend on the grounds you can prove and the outcome you would like to achieve. If you are undecided, legal separation is best as it leaves the doors open for reconciliation.