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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Philippines Family Legal Questions answered by Lawyers
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- 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,
- Cohabitation
- Greetings!From your statement and narration, I am assuming that you are referring to the Filipina woman that you were cohabiting, correct? If so, considering that you are not married to her, there is no financial obligation for you to provide a settlement for her, more so that you are not in any way obligated to provide her a house. If the condominium unit is under your name, you can legally eject her from said condominium, of course, we have to follow the legal requirements needed to do so. She has no right whatsoever to be there since you are not married. This appears to be a simple case of extortion.Women here right now uses the VAWC or Violence against women and their children act as a threat to men in getting what they want. Fortunately, now, the indictment of criminal cases has become more strict as people tend to abuse our laws using them as leverage to exact whatever they want from the other party.If you have other concerns, you may email us at [email protected] or you may call us at 09542639502. Thank you. Atty. LM Gonzales
Family
Guardianship
Family
Family
Divorce & Separation
About Family Law in Dasmarinas, Philippines
Family law in Dasmarinas, Philippines is a branch of legal practice that deals with matters related to families and relationships. It encompasses a wide range of issues such as marriage, divorce, child custody, adoption, property division, and more. Understanding the local laws and regulations is essential when seeking legal advice or assistance in family matters in Dasmarinas.
Why You May Need a Lawyer
There are several situations where seeking the help of a lawyer specializing in family law can be beneficial. Some common scenarios include:
- Divorce or legal separation: When a marriage dissolves, legal representation can help protect your rights, negotiate settlements, and ensure the best interests of any children involved.
- Child custody and support: If you are facing issues regarding child custody or support, a lawyer can guide you through the legal process and advocate for the well-being of your children.
- Adoption: Adopting a child can be a complex and lengthy process. A family lawyer can assist you in navigating the legal requirements and paperwork involved.
- Domestic violence: If you or your loved ones are experiencing domestic violence, a lawyer can help protect your rights, obtain restraining orders, and provide guidance on available legal remedies.
Local Laws Overview
In Dasmarinas, Philippines, family matters are governed by various laws, including the Family Code of the Philippines and relevant civil laws. Some key aspects of the local laws that are particularly relevant to family matters include:
- Marriage: Marriage is considered a special contract under Philippine law. The legal age to marry is 18 years old, although parental consent is required for those aged 18 to 21. Both parties must also obtain a marriage license before the wedding.
- Divorce: Divorce is illegal in the Philippines, but legal separation is allowed. Legal separation does not dissolve the marriage bond, but it allows spouses to live separately and divide their properties.
- Child Custody: Philippine courts primarily base child custody decisions on the best interests of the child. Joint custody may be granted, but the final decision depends on several factors, including the child's age, preference, and ability to provide care.
- Child Support: Both parents are legally obligated to provide financial support to their children. The court determines the amount based on the income and needs of the child.
Frequently Asked Questions
Q: How long does it take to obtain a divorce in Dasmarinas?
A: Divorce is not recognized in the Philippines. However, legal separation can be obtained through a court process which typically takes several months to complete.
Q: Can a mother deny visitation rights to the child's father?
A: Unless there is a court order indicating otherwise, both parents have equal rights to visitation of their child. Denying visitation rights without valid reasons can have legal consequences.
Q: Can a non-Filipino citizen adopt a child in Dasmarinas?
A: Yes, a non-Filipino citizen can adopt a child in Dasmarinas, Philippines. However, there are specific legal requirements and procedures that need to be followed, which may vary depending on the adoptive parent's nationality.
Q: What resources are available for victims of domestic violence in Dasmarinas?
A: Victims of domestic violence can seek assistance from various government agencies and non-governmental organizations such as the Philippine National Police, local Social Welfare and Development Offices, and women's rights organizations like GABRIELA.
Q: How are properties divided in cases of legal separation?
A: In cases of legal separation, properties acquired during the marriage are divided equally between the spouses, unless they agree on a different arrangement. However, properties acquired before the marriage, as well as inheritances or gifts, are generally treated as separate properties.
Additional Resources
If you need legal advice or further information on family matters in Dasmarinas, Philippines, consider contacting:
- Dasmarinas City Hall Family Court
- Integrated Bar of the Philippines - Dasmarinas City Chapter
- Department of Social Welfare and Development - Dasmarinas Field Office
- Women's Center Dasmarinas
Next Steps
If you require legal assistance in family matters in Dasmarinas, Philippines, here are the suggested steps:
1. Identify the specific issue or situation related to family law that you need assistance with.
2. Research and contact reputable family lawyers or law firms in Dasmarinas who specialize in the area relevant to your case.
3. Schedule an initial consultation with a lawyer to discuss your situation and determine if they are the right fit for your needs.
4. Prepare any necessary documents or evidence related to your case to present to the lawyer during the consultation.
5. During the consultation, ask questions to clarify any concerns or doubts you may have and discuss potential legal strategies and costs.
6. If you are satisfied with the lawyer's expertise and approach, proceed with hiring them and follow their guidance in pursuing your legal matter.
Remember, it is important to choose a lawyer who is experienced, knowledgeable, and someone you feel comfortable working with during this potentially sensitive and emotional process.
Lawzana helps you find the best lawyers and law firms in Dasmarinas 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.
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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.