Best Family Lawyers in San Juan
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List of the best lawyers in San Juan, 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 San Juan, Philippines
Family law in San Juan, Philippines encompasses a wide range of legal matters related to family relationships and domestic issues. These can include marriage, divorce, child custody, adoption, property division, and support obligations. The legal system in San Juan aims to protect the rights and best interests of family members while ensuring fairness and justice in resolving family disputes.
Why You May Need a Lawyer
There are several situations where seeking legal advice from a family lawyer in San Juan, Philippines can be beneficial:
- Divorce proceedings: If you are contemplating divorce or are currently going through a divorce, a lawyer can guide you through the process, ensure your rights are protected, and help negotiate fair settlements.
- Child custody and visitation: When dealing with child custody issues, a lawyer can help establish custody arrangements, negotiate visitation schedules, and advocate for the best interests of the child.
- Adoption: Adopting a child in San Juan involves complex legal procedures. A lawyer can assist with paperwork, ensure compliance with legal requirements, and facilitate a smooth adoption process.
- Property division: If you are separating from your spouse or undergoing divorce, a family lawyer can help ensure fair distribution of assets and property, taking into account legal rights and obligations.
- Domestic violence or abuse: If you or your children are facing domestic violence or abuse, a lawyer can help secure protection orders and provide guidance on seeking legal remedies and support.
Local Laws Overview
In San Juan, Philippines, several key aspects of local laws are particularly relevant to family matters:
- Marriage and divorce: The Family Code of the Philippines governs marriage and divorce. San Juan recognizes both civil and religious marriages. Divorce is generally not allowed, except in cases of legal separation or annulment.
- Child custody and support: The principle of "best interests of the child" guides decisions related to child custody and support. San Juan courts prioritize the well-being and welfare of the child when determining custody arrangements and support obligations.
- Adoption: Adoption in San Juan follows the guidelines set forth by the Department of Social Welfare and Development (DSWD) and the Inter-Country Adoption Board. The process involves thorough screening, background checks, and court hearings.
- Domestic violence: The Anti-Violence Against Women and Their Children Act provides protection to victims of domestic violence. San Juan has designated Family Courts that handle cases related to domestic violence and abuse.
Frequently Asked Questions
Q: How can I file for legal separation in San Juan?
A: To file for legal separation in San Juan, you must meet residency requirements and present valid grounds such as adultery, physical abuse, abandonment, or drug addiction. It is advisable to consult with a lawyer who can guide you through the process.
Q: How is child custody determined in San Juan?
A: Child custody is determined based on the best interests of the child. San Juan courts consider factors such as the child's age, health, and emotional well-being, as well as the ability of each parent to provide for the child's needs.
Q: What are the grounds for annulment of marriage in San Juan?
A: The grounds for annulment of marriage in San Juan include lack of parental consent, insanity, fraud, impotence, and marriage under duress or force. It is essential to consult with a lawyer to determine if your situation qualifies for annulment.
Q: What is the process of adopting a child in San Juan?
A: The adoption process in San Juan involves submitting an application to the DSWD, attending pre-adoption seminars, undergoing a home study, and attending court hearings. It is crucial to work with a lawyer experienced in adoption cases to ensure compliance with legal requirements.
Q: Are there resources for victims of domestic violence in San Juan?
A: Yes, there are several resources available for victims of domestic violence in San Juan. The local government and organizations such as the San Juan City Gender and Development Office provide assistance, counseling, and advocacy for victims of domestic violence.
Additional Resources
Here are some resources, governmental bodies, and organizations related to Family in San Juan, Philippines:
- San Juan City Gender and Development Office: Address: xxx Contact: xxx
- Department of Social Welfare and Development (DSWD): Website: www.dswd.gov.ph
- Inter-Country Adoption Board: Website: www.icab.gov.ph
Next Steps
If you require legal assistance in family matters in San Juan, Philippines, it is essential to consult with a qualified family lawyer. They can provide personalized guidance based on your specific circumstances and help you navigate the legal complexities to achieve the best possible outcome.
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.