Best Family Lawyers in San Fernando
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List of the best lawyers in San Fernando, Philippines
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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.Atty. Mario P Narag, Jr, CPA, REB, REA 09189395137www.naraglawoffice.com
- 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. We can help youAtty. Mario P. Narag, Jr, CPA, REB, REA09189395137 www.naraglawoffice.com
- 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.We at Recososa Law Firm handle such cases regularly. We have offices in Luzon, Visayas and Mindanao, so we can assist you wherever you are situated. We can schedule an initial consultation via Google Meet or Zoom, or a face-to-face consultation at our office. You may email us at recososalawfirm@gmail.com and indicate that you are a client from LawZana, or you can also call or text us at +639175046510.If this answers your concern to your satisfaction, I hope it is not too much to ask that you like and share our Facebook page and leave us a rating on Google. This truly inspires us to continue extending help through platforms like this.Google Page:https://g.page/r/CW7ozgJGLkAMEAI/reviewFacebook Page:https://www.facebook.com/RecososaLawFirmSincerely,ATTY. JOFRE B. RECOSOSAOwner/Managing PartnerRecososa Law FirmE-mail: recososalawfirm@gmail.comMobile/Viber/WhatsApp: +63-917-504-6510
About Family Law in San Fernando, Philippines
Family law in San Fernando, Philippines, refers to the body of rules and legal processes governing family relationships. This includes marriage, annulment, legal separation, child custody, property relations, adoption, support, and other concerns involving families and domestic partnerships. Philippine family law is primarily outlined in the Family Code, which sets out the legal framework for families throughout the country. San Fernando, as a key city in Pampanga, adheres to national laws, but local customs and court procedures can influence the way family matters are addressed. Family law aims to protect the rights and welfare of individuals, especially children and vulnerable family members.
Why You May Need a Lawyer
Encountering legal issues within the family can be stressful and complex. People in San Fernando may require a family lawyer for several reasons such as:
- Filing for annulment or legal separation
- Settling child custody and visitation disputes
- Seeking or providing child or spousal support
- Addressing issues of domestic violence or abuse
- Establishing or disputing paternity
- Arranging legal adoption
- Dividing property and assets after separation
- Drafting prenuptial or postnuptial agreements
A lawyer ensures your rights are protected, explains your options, and helps navigate both legal processes and local court requirements.
Local Laws Overview
San Fernando, like other Philippine cities, follows the Family Code of the Philippines. Key aspects include:
- Marriage: Only civil or church marriages are recognized. Common law relationships do not confer the same rights.
- Annulment: Divorce is not allowed. Couples seeking to end their marriage must file for annulment or legal separation.
- Child Custody: Custody is generally awarded based on the child's best interests. The mother typically has custody for children under seven, unless proved unfit.
- Support: Both parents are obliged to support their children financially. Spousal support may be required under certain conditions.
- Adoption: Adoption must go through a legal process involving social services and the courts.
- Property Relations: Assets acquired during marriage are considered conjugal property unless a prenuptial agreement states otherwise.
- Domestic Violence: Laws such as Republic Act 9262 protect family members from abuse and violence.
Family disputes are generally handled by Regional Trial Courts, particularly Family Courts, located in San Fernando or nearby cities.
Frequently Asked Questions
What is the process for annulment in San Fernando?
Annulment begins with filing a petition at the Family Court. The process involves court hearings, evidence presentation, and possible psychological evaluation. Once granted, it makes the marriage void from the beginning.
Can I get a divorce in San Fernando, Philippines?
No, divorce is not available for most Filipinos. The exception applies to Muslim Filipinos under the Code of Muslim Personal Laws and for certain marriages involving a foreign spouse.
How is child custody determined?
Courts decide custody based on the child's best interests. Factors include the child's age, health, preference, and each parent's ability to care for the child.
What types of family-related cases are heard in San Fernando courts?
Cases include annulment, legal separation, guardianship, child support and custody, adoption, violence against women and children, and property disputes among spouses.
How can I file for child support?
You may file a petition for child support at the Family Court. The court reviews each parent's means and the child's needs before ordering support.
Is there free legal advice available in San Fernando?
Yes, you may seek help from the Public Attorney’s Office or local government legal aid desks for free legal advice if you qualify based on income.
Can grandparents or other relatives file for custody?
Yes, relatives such as grandparents can file for custody if both parents are deceased, unfit, or unwilling to care for the child.
How does property division work after separation?
In the absence of a prenuptial agreement, assets acquired during marriage are generally divided equally between spouses, following the rules on conjugal partnership.
What is the process for legal adoption?
Legal adoption requires an application with the court, a home study, background checks, and court hearings. The process is meant to protect the child’s best interests.
What laws protect victims of domestic violence?
Republic Act 9262 or the Anti-Violence Against Women and Their Children Act provides comprehensive protection and remedies for abused spouses and children.
Additional Resources
- Public Attorney’s Office (PAO) - Free legal assistance for qualified individuals
- Department of Social Welfare and Development (DSWD) - Social services, adoption processing, and child welfare support
- San Fernando Regional Trial Court - Handles family law cases
- Women and Children Protection Desk (WCPD), Philippine National Police - Support for victims of domestic violence
- Integrated Bar of the Philippines, Pampanga Chapter - Directory of local lawyers and legal clinics
Next Steps
If you need legal assistance with a family matter in San Fernando, start by clarifying your concerns and gathering relevant documents such as marriage certificates, birth certificates, or financial records. Consult with a qualified family lawyer to understand your rights and available remedies.
You may approach the Public Attorney’s Office or local legal aid desks for free or low-cost services if you meet their requirements. If immediate protection is needed, such as in cases of abuse, reach out to the Women and Children Protection Desk or the DSWD.
Legal processes can be complicated, but there are many local and national resources ready to help guide and support you through each step.
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.