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Villa and Cruz, Attorneys-at-Law

Villa and Cruz, Attorneys-at-Law

15 minutes Free Consultation
Central, Philippines

Founded in 2018
12 people in their team
English
Tagalog
VILLA & CRUZ, ATTORNEYS-AT-LAW is a full-service firm founded upon the ideal of providing quality legal counsel and service. The Firm started out as Villa and Associates in July 2000, then grew to its current partnership as established on 10 July 2018.  The Firm presently has a core...
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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
Child Support
Family
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.
Illegal detention of our mother
Family
Guardianship
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.
Attempted Housing Fraud
Family
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,

About Family Law in Central, Philippines

The field of family law in Central, Philippines, encompasses a wide range of matters impacting familial relationships. These include marriage, annulment, adoption, domestic violence, property relations, and child custody, among others. Family law is significant as it governs the legal aspects of one of society's most fundamental units - the family. The law aims to provide structure and resolution to ensure the well-being of family members, particularly children, and protect their legal rights.

Why You May Need a Lawyer

Individuals may require legal assistance in family matters for various reasons:

  • Marriage and Annulment: Legal guidance may be necessary for drafting prenuptial agreements or understanding the annulment process.
  • Child Custody and Support: Lawyers can help negotiate custody arrangements and determine fair child support amounts.
  • Domestic Abuse: Victims may need protection orders or other legal remedies to ensure their safety.
  • Property Settlement: Disputes over marital property division often require legal counsel to ensure fair outcomes.
  • Adoption: Navigating the legal procedures for adoption requires compliance with local and national regulations.

Local Laws Overview

In the Central region of the Philippines, local family laws are consistent with national laws but may include specific regional interpretations and cultural considerations. Key aspects include:

  • Marriage Laws: Governed by the Family Code of the Philippines, requirements for marriage include legal age, consent, and registration procedures.
  • Annulment and Legal Separation: Grounds for annulment include psychological incapacity, fraud, and lack of parental consent, among others.
  • Child Custody and Support: Decisions are made in the best interest of the child, adhering to the principles of the United Nations Convention on the Rights of the Child.
  • Property Relations: Governed by the system of absolute community of property, conjugal partnership of gains, or complete separation of property.
  • Domestic Violence Protections: The Anti-Violence Against Women and Their Children Act provides mechanisms for victim protection and perpetrator accountability.

Frequently Asked Questions

What is the legal age for marriage in the Philippines?

The legal age for marriage is 18 years, but those below 21 require parental consent. Individuals between 21 and 25 must seek parental advice.

On what grounds can a marriage be annulled?

Grounds include lack of parental consent, mental incapacity, consent obtained by fraud, and incurable psychological incapacity.

How is child custody determined?

The court primarily considers the child's best interests, assessing factors like age, health, emotional ties, and environmental stability.

What rights do unmarried parents have?

Unmarried parents can petition for custody, visitation rights, and child support. The best interest of the child remains the guiding principle.

How are property disputes resolved during separation?

Resolution depends on the marriage's property regime, which could include absolute community, conjugal partnership, or separation of property.

What processes are involved in legal adoption?

Adoption involves a petition, home study report, matching, pre-adoption counseling, and fulfilling legal documentation requirements per domestic legislation.

Is mediation required in family disputes?

Mediation is often encouraged to amicably resolve family disputes and is mandatory in some cases before court proceedings can commence.

Can protective orders be issued for domestic violence cases?

Yes, victims can seek barangay protection orders, temporary protection orders, and permanent protection orders, under the Anti-Violence Against Women and Their Children Act.

What are the child support obligations for non-custodial parents?

Non-custodial parents are typically required to provide financial support, covering essentials like food, education, and healthcare, commensurate with their financial capacity.

Where can I file for annulment?

Annulment petitions are filed at the Regional Trial Court in the jurisdiction where either of the spouses resides.

Additional Resources

For legal advice and assistance, individuals can reach out to the Integrated Bar of the Philippines (IBP), Public Attorney's Office (PAO), and various NGOs like Gabriela that advocate for women's and children's rights. Local government units often have Social Welfare and Development Offices that can provide guidance as well.

Next Steps

If you require legal assistance in family matters, consider consulting a qualified family law attorney in Central, Philippines. It’s advisable to gather all relevant documentation related to your situation and list your questions and concerns before the consultation. Reach out to the Integrated Bar of the Philippines for lawyer referrals or contact the Public Attorney's Office for pro bono services if eligible. Taking legal action can be complex, and professional guidance can help protect your rights and interests.

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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.