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List of the best lawyers in Marikina City, Philippines

Atty. Rainier Mamangun

Marikina City, Philippines

Founded in 2004

20 people in their team

mamangun.lawyer

English

Tagalog

Family Divorce & Separation

Established in 2004, the Law Office of Atty. Rainier Mamangun is a full-service firm that provides a full range of legal services for any activity or venture, or any area of interest or concern in the Philippines. Guided by traditional values, but oriented towards present-day solutions, his law...

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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.
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.

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About Family Law in Marikina City, Philippines

Family Law in Marikina City, Philippines, largely mirrors the laws that are enacted and practiced across the entire country. It covers matters concerning marriages, separation & annulment, legal adoption, guardianship, child custody and child or spousal support. Family law issues are generally handled by the Family Courts. In Marikina City, the local government also provides community-based socio-legal services for family-related disputes.

Why You May Need a Lawyer

Marriages in Marikina, as in the rest of the country, are governed by the Family Code of the Philippines, which formalizes the legal bonds of matrimony. However, if problems arise that lead to separation or annulment, or disputes regarding child custody or support, you may require legal assistance. Furthermore, you might need a lawyer if you’re planning an adoption or requiring help understanding paternity rights. An experienced family lawyer can guide you through the complexities of Philippine family law, ensuring that your rights and interests are protected.

Local Laws Overview

The main statutes for Family law in Marikina City are the Family Code of the Philippines, the Child and Youth Welfare Code, and the Domestic Adoption Act of 1998. The Enforcement of Women's Rights Law is also a significant reference for matters concerning domestic violence or abuse. Other important laws include the Anti-Violence Against Women and Their Children Act of 2004, the Solo Parents’ Welfare Act of 2000, and the Responsible Parenthood and Reproductive Health Act of 2012. These laws cover a wide range of family-related legal disputes and issues that can come up in Marikina City.

Frequently Asked Questions

How can I start an annulment process in Marikina City?

An annulment process can be initiated by filing a petition at the Family Court. You will need a competent lawyer to undertake this process on your behalf as it involves complex legal procedures.

What criteria are considered in child custody battles?

The Philippine law primarily considers the best interest of the child in custody matters. Other factors include parental capability, the child's choice (if age-appropriate), and environmental factors.

Can I adopt a child as a single individual?

Yes, under the Domestic Adoption Act of 1998, a single individual who is at least 27 years old and is at least 16 years older than the child can adopt, provided they can demonstrate the ability to raise the child in a healthy, loving environment.

How is child support determined?

The amount of child support is determined based on the child's needs and the capacity of the parent to provide. This includes considerations for education, health, and general welfare.

Who can file a domestic violence case?

Victims of domestic violence, their witnesses, or any person with personal knowledge of the abuse can file a case under the Anti-Violence Against Women and Their Children Act of 2004.

Additional Resources

The Department of Social Welfare and Development (DSWD), the Department of Women, and the Philippine Commission on Women (PCW) are among the national bodies that oversee matters related to family, women, and child welfare. Locally, the Marikina City Gender and Development Office also offers assistance and resources.

Next Steps

If you require legal assistance in family law matters, consider consulting with a family law attorney who practices in Marikina City. They can provide expert advice based on your situation and help you understand your rights and options. It could also be beneficial to reach out to local organizations such as the Marikina City Legal Office or the City Gender and Development Office.

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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.