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Philippines Family Legal Questions answered by Lawyers

Browse our 127 legal questions about Family in Philippines and the lawyer answers, or ask your own questions for free.

Asking for an advices on what to do
Family
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.Atty.  Mario P Narag, Jr, CPA, REB, REA 09189395137www.naraglawoffice.com
Filing a Child Support Case
Child Support
Family
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.  We can help youAtty. Mario P. Narag, Jr, CPA, REB, REA09189395137 www.naraglawoffice.com 
Recignizing a foreign divorce
Divorce & Separation
Family
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.We at Recososa Law Firm handle such cases regularly. We have offices in Luzon, Visayas and Mindanao, so we can assist you wherever you are situated. We can schedule an initial consultation via Google Meet or Zoom, or a face-to-face consultation at our office. You may email us at recososalawfirm@gmail.com and indicate that you are a client from LawZana, or you can also call or text us at +639175046510.If this answers your concern to your satisfaction, I hope it is not too much to ask that you like and share our Facebook page and leave us a rating on Google. This truly inspires us to continue extending help through platforms like this.Google Page:https://g.page/r/CW7ozgJGLkAMEAI/reviewFacebook Page:https://www.facebook.com/RecososaLawFirmSincerely,ATTY. JOFRE B. RECOSOSAOwner/Managing PartnerRecososa Law FirmE-mail: recososalawfirm@gmail.comMobile/Viber/WhatsApp: +63-917-504-6510

About Family Law in Bacolod City, Philippines

Family law in Bacolod City, Philippines, encompasses a wide range of issues that affect familial relationships. These laws are designed to address legal aspects of the family structure, including marriage, divorce, child custody, adoption, and property relations among spouses, among others. The framework is predominantly based on the Family Code of the Philippines, which ensures that family matters are dealt with fairly and justly. In Bacolod City, local customs and cultural nuances may also influence how family law is interpreted and applied, making legal guidance crucial when navigating complex family issues.

Why You May Need a Lawyer

There are several common situations in Family Law where legal assistance may be necessary:

  • Marriage and Annulment: Navigating the legal requirements for marriage or seeking an annulment can be complex.
  • Divorce Proceedings: Though not recognized in the Philippines, understanding alternatives like legal separation is crucial.
  • Child Custody and Support: Legal intervention might be required to ensure fair arrangements are made for the welfare of the children.
  • Adoption: The process involves stringent legal requirements that need careful attention to ensure compliance.
  • Domestic Violence: Victims of abuse may require legal protection and intervention to ensure their safety and welfare.
  • Inheritance and Property Settlement: Legal guidance is essential to navigate the distribution of assets according to the law.

Local Laws Overview

Bacolod City, though under the broader legal framework of the Philippines, may have local practices impacting family law cases. Key aspects include:

  • Marriage Requirements: Legal age, parental consent for minors, and proper registration are required.
  • Family Code: This governs parental authority, child legitimacy, and parental responsibilities.
  • Child Welfare: The protection and welfare of children are of utmost priority, with local governing bodies providing support where needed.
  • Barangay Justice System: Many disputes are initially settled at the barangay level, offering a community-based resolution.

Frequently Asked Questions

What is the legal marriage age in Bacolod City?

The legal age to marry in Bacolod City, and the Philippines in general, is 18. However, individuals between 18 and 21 need parental consent.

How can I file for an annulment?

Annulment must be filed in a family court with grounds such as psychological incapacity, fraud, or lack of legal capacity to marry.

What are my options if there is no divorce?

While divorce is not available, legal separation and annulment are alternatives, each with its legal requirements and processes.

How does child custody work in Bacolod City?

Custody determinations are influenced by the child's best interests, including the ability of each parent to meet the child's needs.

What is the process for adopting a child?

Adoption in Bacolod requires compliance with the legal procedures set out in Republic Act No. 8552, including a home study and court petition.

How can I protect myself against domestic violence?

Immediate legal steps include filing a protection order under the Violence Against Women and Children Act.

Can grandparents seek custody of their grandchildren?

Grandparents can file for custody if it is in the best interest of the child and other circumstances align with legal requirements.

How is conjugal property divided?

Conjugal property is usually divided equally upon legal separation or annulment unless an agreement states otherwise.

What proceedings occur at the barangay level?

Barangay proceedings may involve mediation and conciliation services for family disputes before they escalate to higher courts.

Are there support groups for single parents?

Numerous local organizations provide support and resources for single parents in Bacolod City, ranging from legal advice to community assistance.

Additional Resources

Knowing where to turn for support is critical. Consider these resources:

  • The Public Attorney's Office (PAO) offers free legal assistance for qualifying individuals.
  • The Department of Social Welfare and Development (DSWD) provides aid and intervention in cases of domestic violence or child welfare issues.
  • Local NGOs often offer assistance and guidance, such as women's shelters and child welfare advocacy groups.

Next Steps

If you find yourself needing legal assistance in family matters, consider the following steps:

  • Consult with a local attorney specializing in family law to understand your rights and options.
  • Gather all relevant documents and information that may pertain to your case.
  • Explore alternative resolution methods through barangay mediation to settle disputes amicably.
  • Contact local governmental bodies and NGOs to seek guidance and assistance.

Remember, seeking legal advice early can often prevent further complications and ensure your rights and those of your family members are protected.

Lawzana helps you find the best lawyers and law firms in Bacolod City through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Family, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Bacolod City, Philippines - quickly, securely, and without unnecessary hassle.

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.