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List of the best lawyers in Meycauayan, Philippines

Dagsaan Monterde Castillo Law and Notary Public (DMC LAW)

Meycauayan, Philippines

Founded in 2022

5 people in their team

English

Tagalog

Family Child Abuse Child Custody +7 more

DAGSAAN MONTERDE CASTILLO LAWAt Dagsaan Monterde Castillo Law (DMC Law), we provide legal counsel across a comprehensive range of practice areas, serving individuals, families, and organizations throughout Luzon.Our firm is founded on the principles of professional diligence, integrity, and a...

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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 Meycauayan, Philippines

Family Law in Meycauayan, as in the rest of the Philippines, is derived from the country's Civil Code and Family Code. These laws cover matters such as marriage, divorce, legal separation, child custody, spousal and child support, adoption, and other family-related issues. The Philippines has a unique legal context in terms of marriage and divorce due to its prevailing Catholic beliefs - it is the only country in the world unto 2020 where divorce is still not legal, except for Muslim Filipinos who are covered by their own set of laws.

Why You May Need a Lawyer

Several situations may require the expertise and guidance of a lawyer in Family law. These situations may include when you plan to marry and need advice on pre-nuptial agreements, or when your marriage is in trouble, needing help with legal separation, or annulment. You may also need a lawyer if you are dealing with child custody, visitation rights, or ensuring the receipt of rightful child or spousal support. Adoption processes and questions around inheritance or last wills also fall under this legal field, as do domestic violence cases and protection orders. Qualified legal professionals can provide advice, clarify your rights, and help navigate through numerous legal procedures.

Local Laws Overview

In Meycauayan, Family Law adheres to the national Filipino law. Relevant aspects dictate that marriages should occur under specific conditions, with age and mutual consent being regulated. Property relations during marriage are also governed by certain rules, giving rise to pre-nuptial agreements. Yet, divorces are not allowed, though legal separation and annulments are possible. Child custody is decided with the child's best interests in mind, generally favoring the mother for children under seven years of age. Laws on adoption, guardianship, and inheritance, further affect Filipino families. Understanding these laws can be challenging and complex, increasing the need for professional guidance.

Frequently Asked Questions

1. Is divorce allowed in Meycauayan, Philippines?

Divorce is generally not recognized in the Philippines. However, legal separations and annulments can be pursued, with each having separate legal implications.

2. Who usually gets custody of the child?

For children under seven years of age, the law generally favors the mother. However, for children above seven, their preference is considered, but the final decision is always aimed at the child’s best interest.

3. Are pre-nuptial agreements valid?

Yes, pre-nuptial agreements are valid and legal as long as they adhere to the country's legal requirements.

4. How is property divided in case of annulment or legal separation?

Property acquired during the marriage is presumed to be jointly owned by both parties, and thus, would typically be divided equally.

5. How are child and spousal support determined?

Support is usually determined by several factors including income, needs of the child or the spouse, and lifestyle during marriage.

Additional Resources

Philippine Commission on Women and Department of Social Welfare and Development provide assistance and resources related to family matters. Regional Trial Courts in Bulacan have branches in Meycauayan to conduct proceedings. Online resources and official government websites can also offer legal documentation and updates on laws and regulations.

Next Steps

If you require legal assistance, the first step is to find a reputable Family lawyer in Meycauayan who specializes in the area of Family Law that applies to your case. Prepare all relevant documents needed for your case and openly share all pertinent information with your lawyer to ensure they can provide the most appropriate legal guidance. Maintain regular contact with your lawyer throughout your case and be proactively engaged in your legal process.

Lawzana helps you find the best lawyers and law firms in Meycauayan through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Family, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Meycauayan, Philippines - quickly, securely, and without unnecessary hassle.

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.