Best Family Lawyers in Antipolo City
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List of the best lawyers in Antipolo City, Philippines
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Philippines Family Legal Questions answered by Lawyers
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- Asking for an advices on what to do
- Steps you can take nowContact the nearest Philippine Embassy or Consulate. The Department of Migrant Workers (DMW), in coordination with Philippine embassies, provides assistance for OFWs experiencing abuse. They can connect you with welfare officers and legal aid.Seek legal counsel in the Philippines. Consult a lawyer specializing in family law who can formally evaluate your situation and advise you on the best course of action. They can assist you with filing for nullity of marriage or a protection order. Many law firms and the Public Attorney's Office (PAO) provide legal aid services.Document everything. Keep a record of all relevant details, including:Medical records: Proof of your husband's diagnosis and hospitalization abroad.Financial records: Your remittance receipts, records of your debt, and expenses for your children.Instances of abuse: A journal of all past abusive incidents, including psychological and economic abuse.Prioritize your safety and your children's well-being. Your immediate priority is to ensure your family's safety. Contact local authorities and support services in your country of residence if you are in immediate danger. For assistance in the Philippines, you can contact the Philippine National Police Women and Children's Concerns Division or the Department of Social Welfare and Development (DSWD). Legal grounds to seek freedom from your marriageAnnulment of marriage based on psychological incapacitySince absolute divorce is not yet legal in the Philippines, one of your primary legal options is to petition a Philippine court to have your marriage annulled. This could be based on the psychological incapacity of your husband. Psychological Incapacity: A marriage can be declared void if one or both spouses are unable to perform their essential marital obligations due to a deeply rooted psychological condition that existed at the time of the marriage.Relevance to your case: Your husband's schizophrenia, hospitalization, refusal to take medicine, and history of abuse could be used by a lawyer to build a strong case for psychological incapacity. The Supreme Court has previously nullified marriages based on a spouse's failure to provide emotional support or financial support due to a condition that demonstrates an inability to fulfill marital duties.
- Filing a Child Support Case
- In the Philippines, you can pursue child support against your son's seafarer father by filing a case for support, even if he is not communicating with you. While the failure to pay child support isn't a criminal offense, Republic Act 9262 (Anti-Violence Against Women and Their Children Act) provides for penalties in certain cases, and you can petition the court to increase the support amount if the current payments are insufficient. You may need to consult with a lawyer to help you with the legal process of demanding child support.
- Recignizing a foreign divorce
- Hello:Let me guide you on the recognition of a foreign divorce decree here In the Philippines. Under Article 26 of the Family Code of the Philippines, if one of the spouses is a foreign national and obtains a valid divorce abroad, the Filipino spouse may file for recognition of that divorce in the Philippine courts. This allows the Filipino to remarry and update his or her civil status records.a.) Requirements generally include an authenticated copy of the divorce decree from the US court, as well as proof of its finality. You also need the marriage certificate issued by the Philippine Statistics Authority (PSA), plus a copy of the foreign law that recognizes divorce, which will usually be presented through legal authentication.b.) Yes, you will need to file a petition before the Regional Trial Court in the Philippines. The length of the process may vary depending on the court’s calendar but typically ranges from one year to two years, though it may be shorter if uncontested.c.) As to costs, filing and court fees are relatively minimal compared to attorney’s fees. Professional fees vary depending on the lawyer and the complexity of the case.d.) It is advisable to have a lawyer represent you, as the process is judicial and requires presentation of documentary evidence and compliance with procedural rules. It cannot be done purely on your own.e.) Once granted, the recognition will be forwarded to the Local Civil Registrar and PSA to annotate your marriage certificate, thereby updating your marital status to reflect the divorce.
About Family Law in Antipolo City, Philippines
Family law in Antipolo City, Philippines, encompasses a broad sector of legal issues including, but not limited to, marriage, divorce, separation, custody, child and spousal support, adoption, and domestic violence. Whether it's prenuptial agreements, annulment, or guardianship matters, the scope of family law is extensive. It is also worth noting that the Philippines is famously known for its strong Catholic faith and belief, which plays a significant role in shaping its family laws.
Why You May Need a Lawyer
Legal disputes within the family can often be complicated and emotionally charged. You may require a lawyer if you're dealing with delicate cases like divorce, annulment, legal separation, or child custody and support. Lawyers can also be vital in situations like drafting prenuptial agreements, addressing issues related to domestic violence, and dealing with the legalities of adoption. They can help you understand the laws, your rights, and guide you through the often complex legal processes.
Local Laws Overview
The Philippines fundamentally operates under the Civil Code and Family Code. Cases concerning void and voidable marriages, legal separation and validity of marriages are covered under the Family Code of the Philippines. There's a strong emphasis on the 'indissolubility' of marriage, hence the country doesn't permit divorce, but allows for legal separation and annulment. Child custody and parental authority are also addressed in this code, with the general rule that children under seven should not be separated from their mothers.
Frequently Asked Questions
1. Is divorce legal in Antipolo City, Philippines?
No, divorce is not legally recognized in the Philippines. However, legal separation or annulment can be pursued under certain circumstances based on specific grounds as stated in the Family Code.
2. How is child custody determined?
According to the Family Code of the Philippines, children under seven years old are generally not separated from the mother unless there are compelling reasons to do so. The welfare of the child is the paramount consideration in custody cases.
3. Can a foreigner receive a marriage annulment in the Philippines?
Yes, foreigners who were married in the Philippines may apply for an annulment or legal separation. However, the process can be lengthy and may require substantial proof of the grounds for annulment.
4. Are prenuptial agreements valid in Antipolo City, Philippines?
Yes, prenuptial agreements are legal and valid. However, they must be made in a public document and ratified before the marriage ceremony.
5. How can I get a protection order in case of domestic violence?
In case of domestic violence, you can apply for a Barangay Protection Order or Temporary/Permanent Protection Order from the court. Legal aid from a family lawyer is often beneficial in such situations.
Additional Resources
You may find assistance from governmental bodies like the Department of Justice and the Department of Social Welfare and Development. Local women’s groups and NGOs such as the Philippine Commission on Women also provide critical aid. If you are a victim of domestic violence, consider reaching out to the Philippine National Police Women and Children Protection Center.
Next Steps
If you need legal assistance, it's best to consult with a trusted lawyer who specializes in family law. They can best guide you based on your specific circumstances and inform you about your legal rights and obligations. It's also recommended to utilize the resources offered by governmental bodies and NGOs for further support and guidance.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.