The presidential Fourth Sister is again in the headlines. This time, Kris wants sole custody of her child with basketball star James Yap, Baby James. To make matters worse, there is a move to drop the Yap as the child’s last name in favor of Aquino.
Beforehand let me say that I am not a lawyer nor intend to be one but since the couple contracted a civil marriage that produced a child, how in this world be lawful to erase the last name of the father attached to the child’s name when at the time of his birth, the marriage is legal? Should Baby James have been born out of wedlock; he can have Aquino as his last name. Ms. Aquino’s legal team stresses that “it is just a consequence of law”. But what if Baby James, at the age of reason, will change his name and put back the “Yap”? Will that invalidate his inheritance rights from Ms. Aquino's assets depending on court ruling?
Lorna Kapunan, Mr. Yap’s lawyer further said that “the most significant and disastrous effect” of Kris’ suit to nullify the marriage, if granted, would be to render Baby James illegitimate”.
Based from what I said earlier, how could a child be called illegitimate when the time the baby is born, the effects of the (civil) marriage was valid and in effect? Does Atty. Kapunan imply that a child born from parents living together without the blessing of marriage, civil or church, is in the same shoes with Baby James?
Kris also wants sole custody of their child but okays the father’s visiting rights. Is that right limited or unlimited?
I believe that it is only the Family Court that can render the decision on custody and visiting rights if out of court or amicable settlement is impossible and not by the petitioners. I cannot see any justification that sole custody is given to Kris. Whatever Kris has for Baby James, Mr. Yap can also provide him.
The only reason why Kris is doing this based from my observation which could be wrong is because of arrogance. What a pity! She should learn from her humble brother. -30-
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