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J.M.PATRON & Associates Law Office
Lipa City, Philippines

Founded in 2007
4 people in their team
English
PROFESSIONAL SERVICES OFFERED: ● BUSINESS & CORPORATE ● ADOPTION ● MARRIAGE & FAMILY RELATIONS ● REALTY TRANSACTION AND LAND REGISTRATION ● ESTATE AND INHERITANCE ● LABOR ● LITIGATION ● NOTARIAL ● LEGAL CONSULTANCY ASSISTANCE IN:LAND SURVEY   TRANSFER...
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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
Family
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
Child Support
Family
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
Divorce & Separation
Family
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 Lipa City, Philippines

Family law in Lipa City, Philippines refers to the legal principles and regulations that govern issues related to family, marriage, adoption, child custody, and other familial matters. The laws aim to protect the rights and interests of individuals within the family unit, ensuring the well-being and stability of families.

Why You May Need a Lawyer

There are several situations where seeking legal help in family matters may be necessary. Some common scenarios include:

  • Divorce or annulment proceedings
  • Child custody disputes
  • Adoption or surrogacy processes
  • Guardianship arrangements
  • Domestic violence or abuse
  • Property division during divorce
  • Child support or alimony matters

Local Laws Overview

The key aspects of family law in Lipa City, Philippines include:

  • Marriage and divorce regulations
  • Child custody and support laws
  • Adoption and surrogacy guidelines
  • Property rights and division
  • Protection against domestic violence
  • Legal separation and annulment procedures
  • Guardianship and child welfare laws

Frequently Asked Questions

1. How can I file for divorce in Lipa City?

In Lipa City, divorce is not yet legal. However, legal separation and annulment are options available for couples who wish to dissolve their marriage. Consulting with a family lawyer can provide further guidance on your specific circumstances.

2. What factors are considered in determining child custody?

The court typically considers the child's best interests when determining custody. Factors such as the child's age, relationship with each parent, living arrangements, and the parents' ability to provide for the child's needs are taken into account.

3. How is child support calculated in Lipa City?

Child support is calculated based on the income and financial capabilities of the parents, as well as the needs of the child. The court will consider factors such as the child's educational expenses, medical needs, and standard of living.

4. What is the process of adopting a child in Lipa City?

The adoption process in Lipa City involves filing an application with the court, completing a comprehensive home study, attending counseling sessions, and obtaining clearance from the necessary government agencies. It is recommended to seek guidance from an experienced family lawyer to navigate through the adoption procedure.

5. How can I seek protection from domestic violence?

If you are a victim of domestic violence, you can obtain a protection order through the courts. This order may include provisions such as restraining the abuser from approaching or contacting you, granting temporary custody of children, and providing for other necessary protection measures.

Additional Resources

For further assistance and information, you may find these resources helpful:

  • The Integrated Bar of the Philippines - Lipa City Chapter
  • Department of Social Welfare and Development (DSWD) - Lipa City
  • National Bureau of Investigation (NBI) - Lipa City
  • Philippine National Police (PNP) - Women and Children's Protection Desk (WCPD)

Next Steps

If you require legal assistance in matters related to family law in Lipa City, it is advisable to consult with a reputable family lawyer. They can provide personalized advice based on your specific circumstances, guide you through legal processes, and represent your interests in court if necessary. Take the first step by reaching out to a qualified attorney to ensure your rights are protected and your concerns are addressed.

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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.