Best Family Lawyers in Dasmarinas
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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 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.
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.