Legal Question in Family Law in Philippines
what to do..
i had previous marriage which the name i used to this person is not existing or not registered one..we got two kids..for how many years my marriage life with him became miserable..when he used illegal drugs and used alcohol with his friends he became very different person and hitted me anytime he wanted to..i didnt forward any medical complaint on it..until i decided to withdraw...i got married after, i used my real name on my second marriage..my question is..what will happen to my first marriage which were the name i used there was not my real in my birth certificate and never been registered....and how i'm going to ask for custody for my children with him? as he kept my children away from me..and i am planning to work abroad what i'm going to do for my children...my children name also were not registered yet..what i'm going to do pls.help me...
2 Answers from Attorneys
Re: what to do..
You should have your first marriage annulled under your previous name, but you should inform the court that the person in the marriage contract is the same person registered with the civil registrar's office.You can also ask for custody in the annulment case.
Re: what to do..
You can still file custody case problem however is that you use a simulated birth certificate which is a criminal case. YOu are now confronted of whether to excercise your right by way of custody case but you would be using an evidence which may eventually be used as a against you in another criminal proceedings. Thanks