You've Come To The Right PlaceOur Managing Attorney, Atty. Narag (a CPA), started this firm in January 2015 after working in the corporate world for more than 20 years (SGV&Co., PriceWaterhouse Coopers,.AIG/AIA, etc). He has so far positively used his extensive experience as a...
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Founded in 2019
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Full-Service Law Office in Baguio City, Philippines.Legal Services Offered:For Foreigners and Overseas Filipino Workers:Philippine Visa Application For Foreign SpouseLand and Real Ownership in the Philippines for Foreigners and Overseas Filipino WorkersBusiness and Corporation ownership for...
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Philippines Family Legal Questions answered by Lawyers
Browse our 123 legal questions about Family in Philippines and the lawyer answers, or ask your own questions for free.
- Can I demand Child Support from Live in Partner. Our child bears his last name
- Hello,Yes, you can demand child support from your live-in partner — especially if the child carries his last name and paternity is acknowledged or can be legally established. Under family law in Pakistan, every biological father is obligated to financially support his child, regardless of the nature of the relationship with the mother.You may file a child maintenance petition in the family court. The court will consider the father’s income and the child’s needs to decide the appropriate monthly support amount.At MAH&CO., we specialize in family and child support cases. We can help you file your case professionally and ensure your child's rights are protected. Please don’t hesitate to reach out to us.Warm regards,MAH&CO. | Child Support & Family Law ExpertsServing clients in Karachi, Lahore & IslamabadPhone: +92-345-8231881 | +92-300-3444617Email: [email protected] | [email protected]
- Illegal detention of our mother
- We received your message inquiry from Lawzana regarding your concern about being denied access and communication with your mother, who is currently residing in a house owned by your family corporation.We understand how emotionally distressing this situation is, especially since your sister is allegedly restricting access by padlocking the home, limiting communication with your mother and caregivers, and only showing selective videos.This situation raises legal concerns on both the family and corporate fronts. We can assist you with:a.) Filing a petition for judicial relief to compel access to your mother, especially if undue influence, emotional abuse, or possible elder neglect is present, under the Family Code and relevant protective statutes.b.) Taking corporate legal steps if the house is a corporate asset and one stockholder or family member is exclusively and arbitrarily asserting control, which may constitute misappropriation or abuse of corporate property.c.) Coordinating with barangay or local social services to conduct a welfare check on your mother and intervene if there is suspicion of elder abuse, coercion, or isolation.We strongly recommend scheduling an immediate legal consultation so we can evaluate the full circumstances and identify the appropriate remedies based on your mother’s health, the corporate structure, and the existing property rights.You may book a Zoom or in-office appointment with us via this link: https://calendly.com/recososalawfirm.Alternatively, you may call or text us directly at +639175046510 Or email us at [email protected] are here to help you assert your rights and ensure your mother’s welfare is properly protected.Sincerely,Recososa Law FirmLegal Assistance and Family Law Services Team
- Attempted Housing Fraud
- Dear Mr. Australian, Kindly clarify if the family home is land or a condominium. If it is the former, then I regret to inform you that under the Philippine constitution, non-Filipinos cannot own land. Thus, your claim to any share to a “family home” that is land can never prevail. On the other hand, if the family home is a condo then you could have had a claim. However, if you can show that the purchase only happened because you lent her the money, then you have a claim against the money. The debt of money can be claimed but you have to produce a written document that proves the borrowing of the said amount. Cheers,
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About Family Law in Baguio City, Philippines
Family law in Baguio City, like in the rest of the Philippines, encompasses legal issues related to familial relationships. This includes marriage, adoption, paternity, domestic partnerships, and child custody, among others. The family unit is highly regarded in Filipino culture, which is reflected in the laws governing familial relations. Baguio City, being an urban center, has a mix of traditional and modern family dynamics, and the legal system is equipped to handle various family matters. Family courts and lawyers in Baguio City are dedicated to resolving disputes and ensuring that family rights are protected in accordance with the law.
Why You May Need a Lawyer
There are several common situations where individuals in Baguio City might require legal assistance in family matters:
- Marriage and Annulment: Understanding the legal implications of marriage, prenuptial agreements, or pursuing annulment.
- Child Custody and Support: Resolving disputes regarding the custody of children, or determining fair child support payments following a separation.
- Adoption: Navigating the legal procedures for adopting a child, which can be complex and varies depending on whether the adoption is domestic or international.
- Domestic Violence: Seeking protective orders or legal recourse in instances of domestic violence or abuse.
- Inheritance Issues: Dealing with disputes or clarifications regarding inheritance rights and distribution of assets.
Local Laws Overview
Family law in Baguio City is governed by the Family Code of the Philippines and other related statutes. Key aspects include:
- Marriage: The legal age for marriage is 18, with parental consent required up to the age of 21.
- Annulment: Unlike many jurisdictions, the Philippines doesn't have divorce; annulment or legal separation are the available options.
- Child Custody: Custody decisions focus on the child's best interest, with both parents encouraged to be involved, barring any issues of capacity or conduct.
- Domestic Violence: RA 9262, also known as the Anti-Violence Against Women and Their Children Act, provides protection against various forms of abuse.
- Adoption: Governed by the Domestic Adoption Act, it stipulates requirements and processes for both adopting parties and adoptees.
Frequently Asked Questions
What is the process for annulment in Baguio City?
The annulment process in Baguio requires filing a petition at a regional trial court, presenting evidence for grounds such as lack of parental consent, psychological incapacity, fraud, force, or similar situations. It's advisable to hire a lawyer to navigate the complex legal proceedings.
How is child custody typically determined?
Custody is determined based on the best interests of the child, taking into account factors such as the child's age, health, and the ability of each parent to provide for their needs. Courts aim to maintain the child's welfare and stability.
Are there any legal services available for victims of domestic violence?
Yes, victims can seek legal protection under RA 9262. This law offers protective orders and other legal remedies. There are also local organizations in Baguio City that provide support and shelter for victims.
What are the requirements for adopting a child in Baguio City?
Prospective adoptive parents must be at least 16 years older than the adoptee, financially capable, and possess suitable parenting abilities. Additionally, they need to undergo assessment and secure approval from the Department of Social Welfare and Development.
Can a prenuptial agreement be contested in court?
Yes, prenuptial agreements can be contested if there are concerns regarding fairness, coercion, fraud, or other legal grounds that might render the agreement invalid.
What are the consequences of not paying child support?
Failure to pay court-mandated child support can result in legal repercussions, including fines or imprisonment, and might affect visitation rights.
How can one legally separate from their spouse?
Legal separation requires filing a petition in court and demonstrating grounds such as repeated physical violence, infidelity, abandonment, or others as specified in the Family Code.
Is foreign adoption recognized in Baguio City?
Yes, international adoptions are recognized, but they must comply with both Philippine and international adoption laws to ensure the legality and protection of the child's rights.
What should I do if I want to change my child's last name?
Changing a child’s last name often involves a legal process that may require a petition in court. It’s advisable to consult with a family lawyer to understand the requirements and processes involved.
How are inheritance and family property disputes resolved?
Disputes are usually settled through voluntary arrangements or mediation. If these fail, a case may be filed in court where a judge will decide based on testamentary documents or the rules of legal succession.
Additional Resources
Consider reaching out to the following resources for further assistance or information:
- Department of Social Welfare and Development (DSWD): For concerns about adoption, child custody, and welfare services.
- Public Attorney's Office (PAO): Offers free legal assistance for those who cannot afford a private lawyer.
- Local Non-Governmental Organizations: There are NGOs in Baguio City that focus on women's rights and domestic violence and can provide support services.
Next Steps
If you require legal assistance for a family-related issue, consider the following steps:
- Consult a Lawyer: Engage with a family lawyer in Baguio City who can provide tailored advice and representation if needed.
- Gather Documentation: Compile all relevant documents such as marriage certificates, birth certificates, or any legal agreements as they will be crucial for legal proceedings.
- Reach Out to Support Networks: Contact local organizations or government agencies for guidance and support services.
Family matters can be complex and emotional, so seeking appropriate legal advice can help protect your rights and interests while ensuring a fair process.
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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.
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.