Quote Originally Posted by jaishann View Post
Hi Pete,

Thank you for the information I have read most of them that I need to know but I am not quite sure if i did miss something out. My question is relating to Judicial Declaration of Nullity of Marriage.

I have applied for Judicial Petition for Declaration of Nullity of Marriage was declared Null and Void, (He was previously married) making the children Illegitimate. By law, should there be a stipulation about the children's custody if they were born out of wedlock?
Under Family code, title VI, article 176:

Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.(As amended by Republic Act 9255, approved February 24,2004.)