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List of the best lawyers in Liloan, Philippines
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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
- 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
- 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
- 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 Liloan, Philippines
Family law in Liloan, Philippines, is governed by the country's national statutes, particularly the Family Code of the Philippines. It covers legal issues related to marriage, child custody, adoption, property relations between husband and wife, annulment, legal separation, support, and other matters concerning familial relationships. While Liloan is a municipality in Cebu province, cases and processes typically follow national law and are handled by local courts and government offices. Community-based resolution and mediation are also commonly used, especially through the barangay (village) justice system.
Why You May Need a Lawyer
Family legal matters can be complex and emotionally charged. Hiring a lawyer may be necessary in situations such as:
- Filing for annulment or legal separation
- Settling custody or child support disputes
- Protecting against domestic violence (VAWC cases)
- Adopting a child
- Dividing properties acquired during marriage
- Drafting prenuptial agreements
- Dealing with inheritance and succession issues
- Seeking recognition of foreign divorces
- Responding to child trafficking allegations or child protection concerns
- Appealing decisions made by barangay or local offices
A lawyer can guide you through legal requirements, represent you in court, and help protect your rights and interests throughout the process.
Local Laws Overview
Key aspects of local family law affecting people in Liloan include:
- Marriage and Annulment: Civil marriages are handled by the Local Civil Registry. Annulment, not divorce, is the legal means to dissolve a marriage (except for Muslim and foreign marriages).
- Child Custody and Support: Custody usually favors the mother for children below seven years old, unless proven otherwise unfit. Both parents are obliged to support their children according to their means.
- Property Relations: Default regime is absolute community of property unless a prenuptial agreement exists.
- Domestic Violence: The Anti-Violence Against Women and Their Children Act (RA 9262) provides strong legal protection for women and children.
- Barangay Justice System: Minor family disputes are often required to undergo mediation at the barangay level before proceeding to court.
- Adoption: Both domestic and inter-country adoption are possible, with strict guidelines to ensure child welfare.
- Inheritance and Succession: Children, spouses, and parents are compulsory heirs under the law.
Frequently Asked Questions
What is the legal process for getting an annulment in Liloan?
You must file a petition for annulment in the Regional Trial Court (RTC) with valid legal grounds. The process includes submission of documents, hearings, and often psychological evaluation. It can be lengthy and requires a lawyer's assistance.
Is divorce recognized in the Philippines?
Generally, divorce is not recognized for Filipino citizens except for Muslims or if the spouse is a former Filipino who obtained a divorce abroad. Annulment or legal separation is the process available for others.
How is child custody determined?
Custody considers the child's best interest. Children under seven years old are usually with the mother unless she is unfit. Above seven, the court considers the child's preference and parental capability.
How do I file for child support?
Child support can be resolved through barangay mediation, agreement between parents, or by filing a petition before the court if no agreement is reached.
Can I change my child’s surname?
Changing a child's surname involves either an administrative process (in certain cases) or a court petition. You must show legal grounds, like correcting a clerical error or for legitimate reasons under the Family Code.
Where do I report cases of domestic violence?
Report incidents to the nearest barangay office, the local police (PNP), or the Department of Social Welfare and Development (DSWD). Protection orders and legal remedies are available.
How can I adopt a child in Liloan?
You must apply through the DSWD or accredited child-placement agencies. There are background checks, home studies, and legal proceedings involved, ending with a court order if approved.
Do prenuptial agreements work in the Philippines?
Yes, as long as they are executed before marriage and comply with legal requirements. They must be registered with the Civil Registry for validity.
What is the role of the barangay in family disputes?
The barangay conducts mediation for minor disputes such as disagreements between spouses or parental support cases. Unresolved matters are escalated to the courts.
How can I inherit from a deceased relative?
Inheritance is governed by the Civil Code, prioritizing compulsory heirs. Settlement can be extrajudicial (if there’s no will and no debts) or through court in case of disputes or debts.
Additional Resources
- Department of Social Welfare and Development (DSWD) - Cebu Province: Offers services related to child welfare, adoption, and family support.
- Liloan Municipal Social Welfare and Development Office: Provides local assistance in family-related matters and social concerns.
- Public Attorney’s Office (PAO) - Cebu: Gives free legal services to qualified individuals for family law issues.
- Liloan Local Civil Registrar: For marriage, birth, and death certificates, as well as civil registrations.
- Liloan Barangay Offices: Initial venue for mediation of family disputes.
- Integrated Bar of the Philippines - Cebu Chapter: Offers assistance and legal advice, referrals to qualified lawyers, and sometimes legal clinics.
Next Steps
If you need legal assistance with a family matter in Liloan, you can follow these steps:
- Gather all documents related to your situation: marriage certificate, birth certificates, supporting evidence, or proof of the dispute.
- Contact the barangay office if the issue is a family dispute that can be settled at the community level.
- Visit the Liloan Municipal Hall or the local DSWD office for guidance on family services or for initial legal advice.
- Consult with a family law practitioner or reach out to the Public Attorney’s Office if you need legal representation and cannot afford private counsel.
- If court intervention is necessary, your lawyer will help you prepare, file the appropriate legal documents, and represent you during hearings.
- Stay informed about your rights, and don’t hesitate to ask questions or seek clarification from government offices and your lawyer.
Remember, family law issues are sensitive and personal. Seeking timely legal advice and support will help ensure the best possible outcome for you and your loved ones.
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.