Best Family Lawyers in Pasig
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List of the best lawyers in Pasig, 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 Pasig, Philippines:
Family Law in Pasig, Philippines mainly refers to the legal matters concerning familial relationships, which include issues of marriage, annulment, child custody, adoption, and domestic violence. It is regulated by the Philippine Civil Code, Family Code, and other relevant national statutes. The local courts in Pasig, such as the Regional Trial Court, handle a multitude of these cases and oversees all legal processes associated with family matters.
Why You May Need a Lawyer:
Navigating through family issues can be emotionally draining and complex. Understanding and applying laws related to marriage, separation, property distribution, child custody and support, etc., could be challenging without professional help. A family lawyer can provide essential legal guidance, navigate the process, protect your rights, and help you reach the best possible outcome in such situations.
Local Laws Overview:
The Philippine Family Code, adopted in Pasig, addresses the rights and obligations of family members. Key aspects include marital obligations, requirements for marriage validity, grounds for annulment and legal separation. Furthermore, the adoption law describes the legal procedure for adoption and the Philippine Domestic Violence Act provides protection for victims of domestic abuse.
Frequently Asked Questions:
What is the legal process for divorce in Pasig?
Divorce is not recognized in the Philippines, including Pasig. However, legal separation and annulment are viable options. Legal separation allows spouses to live separately but they are not permitted to remarry. An annulment completely nullifies the marriage, permitting remarriage. Both processes require legal professional guidance.
How is child custody determined in Pasig?
Custody is determined by the child's best interest. Although the preference is given to the child's mother, the court considers each parent’s fitness and the child's choice (if they are over ten years old).
Can I adopt a child in Pasig?
Yes, adoption is permitted in Pasig. However, it requires adherence to the legal procedure outlined in the Inter-Country Adoption Act and Domestic Adoption Act.
How are property disputes among family members handled?
The Family Code outlines the property relations in marriage. Disputes are handled based on the property regime defined by the marital contract or the statutory default regime.
Who can become a legal guardian in Pasig?
The Rule on Guardianship of Minors allows any trustworthy person of sound judgment who is of legal age to become a guardian.
Additional Resources:
For additional help, you can reach out to the Pasig City Local Government, Department of Social Welfare and Development, and Philippine Commission on Women. The Public Attorney's Office also provides free legal assistance.
Next Steps:
If you need legal assistance for a family issue in Pasig, start by seeking legal consultation from a reputable family lawyer or contact the Public Attorney's Office. Ensure to collect all necessary documents and timely prepare for any required court processes. It's also advised to learn about your rights and responsibilities under the Philippine Family Law.
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.