Best Family Lawyers in Paranaque City
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List of the best lawyers in Paranaque City, Philippines
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Philippines Family Legal Questions answered by Lawyers
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- 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.
About Family Law in Paranaque City, Philippines
Family Law in Paranaque City, Philippines deals with legal matters relating to marriage, divorce, child custody, adoption, and other crucial aspects of family life. It encompasses various laws and regulations aimed at protecting the rights and ensuring the welfare of individuals within a family unit.
Why You May Need a Lawyer
There are several situations where you may require legal help in matters related to Family in Paranaque City. Some common scenarios include:
- Divorce or annulment proceedings
- Child custody disputes
- Adoption or guardianship matters
- Domestic violence or abuse cases
- Property division during separation or divorce
Local Laws Overview
In Paranaque City, some key aspects of Family Law include:
- Marriage: The legal age for marriage is 18 years old. Marriage can be annulled or declared void under certain circumstances.
- Divorce: The Philippines does not have a divorce law. However, legal separation is possible through an annulment or declaration of nullity.
- Child Custody: Decisions regarding child custody and support are based on the best interests of the child.
- Adoption: Adoption procedures are regulated by the Domestic Adoption Act, and prospective parents must meet specific requirements to adopt a child.
- Violence Against Women and Children: Acts of domestic violence or abuse are strictly prohibited and can be reported to the proper authorities.
Frequently Asked Questions
1. How can I file for an annulment of marriage in Paranaque City?
To file for annulment, you need to consult with a lawyer who specializes in family law. They will guide you through the legal process, which involves filing a petition and providing evidence to support your case.
2. Can a non-biological parent have custody rights in Paranaque City?
Yes, Paranaque City recognizes the rights of non-biological parents, such as stepparents or adoptive parents, to have custody and visitation rights as long as it is deemed beneficial for the child's welfare.
3. What are the grounds for child custody disputes in Paranaque City?
The court considers various factors when determining child custody, including the child's best interests, the ability of each parent to provide for the child's needs, and the child's preference (if they are of a certain age and maturity).
4. Are prenuptial agreements legally binding in Paranaque City?
Yes, prenuptial agreements are generally recognized and enforceable in Paranaque City, provided they meet the legal requirements and formalities.
5. Where can I seek help for domestic violence issues in Paranaque City?
If you or someone you know is experiencing domestic violence, you can seek help from the City Social Welfare and Development Office (CSWDO) or contact the local police station. They can provide support, protection, and connect you with appropriate resources.
Additional Resources
For further assistance and information regarding Family Law in Paranaque City, you can refer to the following:
- Paranaque City Hall - Family Court
- Paranaque City Social Welfare and Development Office (CSWDO)
- Integrated Bar of the Philippines (IBP) Paranaque City Chapter
Next Steps
If you require legal assistance in matters related to Family, it is advisable to consult with an experienced family lawyer in Paranaque City. They can assess your situation, provide specific advice, and guide you through the legal process to protect your rights and interests.
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.