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NARAG LAW OFFICE
Tagaytay, Philippines

Founded in 2015
12 people in their team
Family Adoption Child Abuse +6 more
You've Come To The Right PlaceOur Managing Attorney, Atty. Narag (a CPA), started this firm in January 2015 after working in the corporate world for more than 20 years (SGV&Co., PriceWaterhouse Coopers,.AIG/AIA, etc). He has so far positively used his extensive experience as 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
Family
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
Child Support
Family
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
Divorce & Separation
Family
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 Tagaytay, Philippines

Family law in Tagaytay, Philippines refers to the branch of law that deals with legal matters related to the family. It encompasses various issues such as marriage, divorce, adoption, child custody, and property division. Family law aims to protect the rights and interests of individuals within a family and provide legal mechanisms to resolve disputes.

Why You May Need a Lawyer

There are several situations where you may require the assistance of a lawyer specializing in family law in Tagaytay, Philippines:

  • If you are planning to get married and need legal guidance on the requirements and process.
  • If you are going through a divorce and need legal representation to ensure your rights and interests are protected.
  • If you are involved in a child custody dispute and need help navigating the legal process.
  • If you are considering adopting a child and need assistance with the legal procedures.
  • If you need legal advice regarding wills, inheritance, or property division within a family.

Local Laws Overview

Some key aspects of local laws in Tagaytay, Philippines that are particularly relevant to family law include:

  • The Family Code of the Philippines governs marriage, legal separation, annulment, and related matters.
  • The Philippine Adoption Act provides the legal framework for the adoption process.
  • The Child and Youth Welfare Code protects the rights and interests of children, including custody and support matters.
  • The Property Code governs the division and distribution of property within a family.
  • The Family Court Act establishes specialized courts that handle family law cases.

Frequently Asked Questions

Q: How long does it take to obtain a divorce in Tagaytay, Philippines?

A: In the Philippines, divorce is not yet legally recognized. However, legal separation and annulment are available options and the duration of the process may vary depending on the circumstances of each case. It is advisable to consult with a family lawyer to understand the specific timelines.

Q: What factors do courts consider when determining child custody?

A: When deciding child custody matters, Philippine courts usually prioritize the best interests of the child. Factors such as the child's age, health, and overall welfare are considered. The court may also assess the parents' capacity to provide for the child's physical and emotional needs.

Q: Can same-sex couples legally adopt a child in Tagaytay, Philippines?

A: Yes, same-sex couples can legally adopt a child in the Philippines. However, adoption procedures may vary and it is advisable to consult a family lawyer to understand the requirements and process.

Q: What are the legal requirements for getting married in Tagaytay, Philippines?

A: The legal requirements for getting married in Tagaytay, Philippines include:

  • Marriage license obtained from the Local Civil Registrar.
  • Proof of legal capacity to marry, such as a Certificate of No Marriage (CENOMAR) or a marriage certificate if previously married.
  • Birth certificates of both parties.
  • If one or both parties are foreigners, additional requirements may apply.

Q: How is property divided in a divorce in Tagaytay, Philippines?

A: In the absence of a divorce law, legal separation is the available option in Tagaytay, Philippines. The court will determine the division of property based on the parties' agreement or considering factors such as the length of marriage, financial contributions, and needs of both parties. It is advisable to consult a family lawyer for guidance specific to your situation.

Additional Resources

For further assistance and information, you may find these resources helpful:

  • Integrated Bar of the Philippines - A professional organization of lawyers that can provide referrals to qualified family lawyers. Website: www.ibp.ph
  • Department of Social Welfare and Development - Provides support and information on various family-related matters. Website: www.dswd.gov.ph
  • Philippine Statistics Authority - Offers vital statistics and data related to marriages, divorces, and adoptions. Website: psa.gov.ph

Next Steps

If you require legal assistance in family matters in Tagaytay, Philippines, it is advisable to take the following steps:

  • Identify the specific area of family law you need help with (e.g., divorce, child custody, adoption).
  • Research and identify experienced family lawyers in Tagaytay, Philippines.
  • Schedule consultations with potential lawyers to discuss your case and assess their expertise.
  • Select a lawyer whom you feel comfortable with and who has a good understanding of your situation.
  • Follow your lawyer's advice and provide all necessary documents and information to support your case.
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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.