Best Family Lawyers in Mandaluyong City
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List of the best lawyers in Mandaluyong City, Philippines
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Philippines Family Legal Questions answered by Lawyers
Browse our 122 legal questions about Family in Philippines and the lawyer answers, or ask your own questions for free.
- 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
About Family Law in Mandaluyong City, Philippines
Mandaluyong City, located in the heart of Metro Manila, is governed by the family laws stipulated in the Family Code of the Philippines. These laws cover a broad range of issues related to marriage, divorce, child custody, adoption, and domestic violence. Family law addresses relational dynamics between individuals living within the same household, aiming to establish order, provide structure, and ensure the protection of vulnerable members, especially children. Given the densely populated nature of Mandaluyong City, family law plays a pivotal role in resolving disputes and ensuring peaceful coexistence among families.
Why You May Need a Lawyer
In many situations, individuals and families in Mandaluyong City may require the expertise of a family lawyer:
- Divorce and Annulments: Although divorce is not legally permitted in the Philippines, annulments and legal separations are available, both of which can be complex and emotionally taxing processes requiring professional guidance.
- Child Custody and Support: Disputes over child custody and support are common, necessitating legal intervention to ensure the welfare of children and fair parental responsibility.
- Adoption: Adoption involves intricate legal processes that ensure the best interest of the child is prioritized. Lawyers can help navigate these procedures efficiently.
- Domestic Violence: For victims of domestic abuse, getting a lawyer can be a crucial step in securing protection orders and ensuring safety.
- Division of Property: In cases of annulment or legal separation, the division of property and assets can become contentious and requires skilled negotiation and legal expertise.
Local Laws Overview
The family laws applicable in Mandaluyong City are largely drawn from the Family Code of the Philippines, along with various local ordinances designed to protect family welfare. Key aspects include:
- Marriage: Legal requirements for marriage include minimum age, consent, and license acquisition.
- Annulment and Legal Separation: Grounds for annulment include psychological incapacity, fraud, and absence of parental consent in some instances. Legal separation can be sought on grounds such as repeated physical abuse or grossly abusive conduct.
- Parental Authority and Child Custody: The welfare of the child is the primary consideration, with laws promoting joint parental authority unless unfeasible.
- Domestic Violence Prevention: Legislation such as the Anti-Violence Against Women and their Children Act protects victims and provides avenues for legal recourse.
- Adoption: Governed by the domestic adoption law, which ensures that all adoptions satisfy strict standards for the child's welfare.
Frequently Asked Questions
What are the grounds for annulment in Mandaluyong City?
Annulment can be sought for grounds including lack of parental consent, psychological incapacity, fraud, impotence, and sexually transmitted diseases discovered after marriage.
Is divorce allowed in Mandaluyong City?
Divorce is not legally recognized in the Philippines; however, annulment and legal separation are alternatives available for terminating marital ties.
How is child custody determined?
Child custody is determined based on the best interests of the child, with joint custody favored unless circumstances dictate otherwise.
What legal protection exists for victims of domestic violence?
Victims can seek protection under the Anti-Violence Against Women and their Children Act, which includes provisions for restraining orders and legal action against abusers.
Can I adopt a child if I am single?
Yes, singles are permitted to adopt, provided they meet the legal requirements and demonstrate the capacity to provide for the child's needs.
What are the legal requirements for marriage?
The requirements include obtaining a marriage license, meeting the minimum age requirement, and, if necessary, securing parental consent.
Can property acquired during marriage be separated in annulment?
Yes, in an annulment or legal separation, property acquired during the marriage is typically divided according to property regimes set in the marriage settlement or as determined by the court.
How can I seek legal separation?
Legal separation can be filed on grounds such as abuse, infidelity, mental or physical incapacity, and abandonment, among others.
What is the process for filing a protection order against an abuser?
A petition for a protection order can be filed at the nearest Family Court or regional trial court, where a temporary or permanent order may be granted for the victim's safety.
Are there support services available for dealing with family-related issues?
Yes, various governmental and non-government organizations offer support and counseling services to individuals dealing with family law-related issues.
Additional Resources
The following resources may be beneficial for individuals seeking legal advice:
- Department of Social Welfare and Development (DSWD): Offers various family welfare programs and services.
- Public Attorney's Office (PAO): Provides free legal assistance to indigent clients involved in family law cases.
- Barangay Offices: Local barangays provide mediation services for resolving family disputes.
- Women's and Children's Protection Desks: Located in police stations, these desks offer immediate assistance for cases involving domestic violence and child abuse.
Next Steps
If you require legal assistance in family matters, begin by consulting with a qualified family lawyer to discuss your case specifics. Consider seeking free consultations if financial constraints are an issue. Obtain all necessary documentation related to your situation to ensure your lawyer has comprehensive details to support your case effectively. Additionally, leverage local resources, such as barangay offices and specialized desks, for preliminary advice and support.
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.