My father went to the US 30 yrs ago, he abandoned us a few years after that

Rosario Alfonso
is in United States

My father went to the US 30 yrs ago, he abandoned us a few years after that. He did not communicate back or sent any child support. He is now a US citizen. We recently found out that he had been married in the US, divorced and now married again, to different women, a lot of times during this 30 years. We wondered how he was able to get married when his marriage to my mother is still valid and neither have filed for divorce or annullment. It turns out that when he entered the US, he did not declare that he is married and with kids. What case can we file against him? Where should we file it? USA or Philippines?



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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
Naku, I cannot give you a definite answer to your question about what kind of case you can file against your father under US laws (hindi ako familiar sa laws ng US). At saka, it depends kung which state your father is in. Each state of the union has its own laws.
As for the question about what case you can file against your father, you can always file a case for Bigamy (if he really got married in the US). Kasi, ganito iyon, everything is evidentiary – it is a matter of evidence. First, you will have to prove na kasal talaga siya sa Mom mo – valid ang marriage nila. Tapos, ipu-prove ninyo na nagpa-kasal nga siya sa iba sa US. If you can have evidence of his marriages in the US, I suppose that your case in the Philippines will succeed.
Ang isa pang problema ay, kailangan andito sa Pilipinas ang father mo para the Philippine courts can have jurisdiction over his person. Kung wala siya dito, you will not be able to have the warrant of arrest from the Philippine court served in US jurisdiction – so, that is one practical limitation.

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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