Legally, Are They My Kids Too?

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Posted

In the States, if one marries a gal who has kids, you aren't legally responsible for those children after a divorce. (I believe this is true in all the states, but there may be exceptions.) In fact, I'm pretty sure you aren't legally responsible for the kids even while married. Unless! You have legally adopted the kids.

Is this the case in RP? If one marries a woman with a child, what legal responsibilities does one have after a divorce? Are there legal responsibilities during the marriage?

Thanks for any input.

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Unsure of the support rules while married - but since there is no divorce in the PIs (unless you are muslim) I don't think there would be a lot of info on it.   If you get divorced in your home country, their rules would probably apply...

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18 minutes ago, northtoalaska said:

If one marries a woman with a child, what legal responsibilities does one have after a divorce? Are there legal responsibilities during the marriage?

After reading Republic Act 386, I would yes you have legal responsibility during the marriage.  Keep in mind that divorce is not legal in the Philippines.  There is wording about care/support of "children" during a separation but it does not include a reference to step child so hard to say.  In any case you may want to consider consulting an attorney prior to marriage to at least have a legal and more educated opinion.

<snip>

TITLE V RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

Article 109. The husband and wife are obliged to live together, observe mutual respect and fidelity, and render mutual help and support. (56a)

Article 110. The husband shall fix the residence of the family. But the court may exempt the wife from living with the husband if he should live abroad unless in the service of the Republic. (58a)

Article 111. The husband is responsible for the support of the wife and the rest of the family. These expenses shall be met first from the conjugal property, then from the husband's capital, and lastly from the wife's paraphernal property. In case there is a separation of property, by stipulation in the marriage settlements, the husband and wife shall contribute proportionately to the family expenses. (n)

<end snip>

If you separate:

<snip>

Article 105. During the pendency of legal separation proceedings the court shall make provision for the care of the minor children in accordance with the circumstances and may order the conjugal partnership property or the income therefrom to be set aside for their support; and in default thereof said minor children shall be cared for in conformity with the provisions of this Code; but the Court shall abstain from making any order in this respect in case the parents have by mutual agreement, made provision for the care of said minor children and these are, in the judgment of the court, well cared for. (7a, Act 2710)

<end snip>

Here is the link: http://www.wipo.int/wipolex/en/text.jsp?file_id=437210#LinkTarget_7138

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Posted
57 minutes ago, northtoalaska said:

In the States, if one marries a gal who has kids, you aren't legally responsible for those children after a divorce.

You are very lucky, I know from experience that is not the case in Canada. In Canada, a gal can have a few different guys paying child support and having visitation rights for the same kids.  I do not have experience with that in the Philippines.

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