The Court system investigates every parent and decides what environment would be the best for the child if each of them is asking for sole custody of the child. But most of the cases the full custody of the child is with his mother and will just grant the father for part time visitation according to his time and availability. However, there are some cases that the mother is not qualified to raise his child due to some procedural reason and only his father has granted with full custody of the child. The court system will award with the child to see if there is a first choice in where he would like to live. It is always depend upon the situation.
If you would like to know more about this issue, my lawyer has a full knowledge about CHILD CUSTODY CASE and I can refer you to him.
Getting back your child has no corresponding price and to be with him is worth living for... :)
Friday, February 27, 2009
Wednesday, February 25, 2009
ANNULMENT AND DIVORCE IN THE PHILIPPINES
Divorce is not acknowledged by the Philippine Laws and it is the act of breaking off marriage ties due to different factors.
Divorce allows people to dissolve their marriage simply because they really wanted out of the relationship and enter a new one after all.
Divorce is basically being married first and then breaking up because it did not work out well…
Annulment is proving that the marriage is not real or legal due to different factors which make their marriage void from the beginning. Or if legally married, has to prove that one person in their marriage is psychologically incapacitated to grant the annulment.
Annulment is proving that there wasn't any marriage that took place at all.
Divorce allows people to dissolve their marriage simply because they really wanted out of the relationship and enter a new one after all.
Divorce is basically being married first and then breaking up because it did not work out well…
Annulment is proving that the marriage is not real or legal due to different factors which make their marriage void from the beginning. Or if legally married, has to prove that one person in their marriage is psychologically incapacitated to grant the annulment.
Annulment is proving that there wasn't any marriage that took place at all.
Saturday, February 21, 2009
LOOKING FOR CHILD CUSTODY ATTORNEY?
Are you scared of losing your child right after the divorce or annulment case? Are you a single father or mother who is combating for Child Custody? Winning on this Child Custody Fight is within reach…
My lawyer is also handling child custody case… so keep your child safe with you, do something essential move/action to fight for your rights. Prove to them that you deserve to have your child back to you.
Child Custody Attorney is all you need to get back the most precious person in your life... your child.
My lawyer is also handling child custody case… so keep your child safe with you, do something essential move/action to fight for your rights. Prove to them that you deserve to have your child back to you.
Child Custody Attorney is all you need to get back the most precious person in your life... your child.
Thursday, February 19, 2009
IF I MARRIED TWICE IN THE PHILIPPINES,DOES THE TWO MARRIAGES RECORDED IN NSO?
Yes... The two marriages if recorded properly in the city or municipality will absolutely appear in NSO. If your lawful spouse is still living in your initial marriage with no annulment, then you are legally responsible of the second marriage for BIGAMY (male). Your spouse in hypothetically second marriage can be charged for ADULTERY (female) also. Marrying twice or more (POLYGAMY) is considered Criminal Case by Law.
Tuesday, February 17, 2009
WORRY FREE AND FAST ANNULMENT RESULT
Are YOU looking for Worry Free and Fast Annulment Result? You know where to go... I can really help you find the best Lawyer in Town.
So stop worrying about the Past where you could really make a step forward and start a new LIFE with the One you truly Love… your Soul mate is just roaming around. Look for the best Partner in Life as still there is a new hope for everyone.
Everybody Deserves to be Happy!
So stop worrying about the Past where you could really make a step forward and start a new LIFE with the One you truly Love… your Soul mate is just roaming around. Look for the best Partner in Life as still there is a new hope for everyone.
Everybody Deserves to be Happy!
Monday, February 16, 2009
ARTICLE 52 - FAMILY CODE
The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses and the delivery of the children's presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons.
This Article will help prevent all arguments and claims related to the succeeding marriages of the contracting parties that may arise in the near future. So make sure that you’ll record the Judgment of Annulment or the judicial declaration of nullity of marriage in the appropriate civil registry.
This Article will help prevent all arguments and claims related to the succeeding marriages of the contracting parties that may arise in the near future. So make sure that you’ll record the Judgment of Annulment or the judicial declaration of nullity of marriage in the appropriate civil registry.
Thursday, February 12, 2009
CHI MING TSOI CASE 1997
If you would still remember the Chi Ming Tsoi case 1997, it has a huge relevant on the story I am writing as this is the grounds why their marriage declared null and void after winning the case.
Their marital history goes wrong when Ching’s wife, Gina alleged her that after almost 10 months of being married nothing has happened… they never had sexual intercourse which leads their relationship to unpleasant legal consequences. They have not known that one of the vital marital obligations under the Family Code is to PROCREATE CHILDREN…
In this case I have found out that “Total sexual abstinence can really destroy marriage”. While the case is on-going then the Supreme Court held that the prolonged refusal of a spouse to have sexual intercourse with his or her spouse is considered a sign of psychological incapacity.
Bear in mind that constant non-fulfillment of the obligation to procreate children through sexual cooperation is equivalent to psychological incapacity.
In the natural order, it is sexual intimacy that brings spouses wholeness and oneness. Sexual intimacy is a gift and a participation in the mystery of creation. It is a function which enlivens the hope of procreation and ensures the continuation of family relations.
I have learned a lot from their story. So if this story is somehow related to you like what you’re going through at the present time, you don’t need to bother anymore as there is a law now to protect and comfort you from this catastrophe.
Their marital history goes wrong when Ching’s wife, Gina alleged her that after almost 10 months of being married nothing has happened… they never had sexual intercourse which leads their relationship to unpleasant legal consequences. They have not known that one of the vital marital obligations under the Family Code is to PROCREATE CHILDREN…
In this case I have found out that “Total sexual abstinence can really destroy marriage”. While the case is on-going then the Supreme Court held that the prolonged refusal of a spouse to have sexual intercourse with his or her spouse is considered a sign of psychological incapacity.
Bear in mind that constant non-fulfillment of the obligation to procreate children through sexual cooperation is equivalent to psychological incapacity.
In the natural order, it is sexual intimacy that brings spouses wholeness and oneness. Sexual intimacy is a gift and a participation in the mystery of creation. It is a function which enlivens the hope of procreation and ensures the continuation of family relations.
I have learned a lot from their story. So if this story is somehow related to you like what you’re going through at the present time, you don’t need to bother anymore as there is a law now to protect and comfort you from this catastrophe.
Wednesday, February 11, 2009
VOID MARRIAGES FROM THE BEGINNING
Through this article you would know the validity of your marriage whether it is legal or shall be voided by the Court if found committed one of these laws from EXECUTIVE ORDER NO. 209 - Family Code of the Philippines.
Article 37
Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood.
Article 38
The following marriages shall be void from the beginning for reasons of public policy:
1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
2) Between step-parents and step-children;
3) Between parents-in-law and children-in-law;
4) Between the adopting parent and the adopted child;
5) Between the surviving spouse of the adopting parent and the adopted child;
6) Between the surviving spouse of the adopted child and the adopter;
7) Between an adopted child and a legitimate child of the adopter;
8) Between adopted children of the same adopter; and
9) Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse.
Article 37
Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood.
Article 38
The following marriages shall be void from the beginning for reasons of public policy:
1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
2) Between step-parents and step-children;
3) Between parents-in-law and children-in-law;
4) Between the adopting parent and the adopted child;
5) Between the surviving spouse of the adopting parent and the adopted child;
6) Between the surviving spouse of the adopted child and the adopter;
7) Between an adopted child and a legitimate child of the adopter;
8) Between adopted children of the same adopter; and
9) Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse.
Monday, February 9, 2009
ARTICLE 36, FAMILY CODE
A marriage contracted by any party who, at the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.
Saturday, February 7, 2009
10 RULES GOVERNING PSYCHOLOGICAL INCAPACITY CASES
These are the Supreme Court Guidelines in the interpretation and application of Article 36 based from the book of “The Law on Annulment of Marriage”.
1. The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity.
2. The root cause of the Psychological Incapacity must be:
a. medically and clinically identified
b. alleged in the complaint
c. sufficiently proven by experts
d. clearly explained in the decision
3. The incapacity must be proven to be existed at the time of the celebration of marriage. The evidence must show that the illness was existing when the parties exchanged their vows.
4. The incapacity must also be shown to be medically or clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolute against everyone of the same sex.
5. The illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Mild charactereological peculiarities, mood changes, occasional emotional outbursts cannot be accepted as root causes. The illness must be shown as downright incapacity or inability, not refusal, neglect or difficulty, much less ill will.
6. The essential marital obligations must be embraced by Article 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the Family Code in regard to parents and their children. The non-compliance of these marital duties must be stated in the petition, proven by evidence and included in the decision.
7. The interpretations of the National Appellate Matrimonial Tribunal of the Catholic Church of the Philippines, while not controlling, should be given great weight by our courts.
8. The Trial Court must order the prosecuting attorney and the Solicitor General to appear as Counsel for the State (defensor vinculi).
9. No decision should be handed down unless the Solicitor General issues a certification which will be quoted in the decision, briefly stating his reasons for his agreement or opposition to the petition.
10. The Solicitor General along with the prosecuting attorney shall submit the certification within fifteen (15) days from the date the case is deemed submitted for resolution by the court. (Republic of the Philippines v. CA and Molina, 268 SCRA 198).
1. The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity.
2. The root cause of the Psychological Incapacity must be:
a. medically and clinically identified
b. alleged in the complaint
c. sufficiently proven by experts
d. clearly explained in the decision
3. The incapacity must be proven to be existed at the time of the celebration of marriage. The evidence must show that the illness was existing when the parties exchanged their vows.
4. The incapacity must also be shown to be medically or clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolute against everyone of the same sex.
5. The illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Mild charactereological peculiarities, mood changes, occasional emotional outbursts cannot be accepted as root causes. The illness must be shown as downright incapacity or inability, not refusal, neglect or difficulty, much less ill will.
6. The essential marital obligations must be embraced by Article 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the Family Code in regard to parents and their children. The non-compliance of these marital duties must be stated in the petition, proven by evidence and included in the decision.
7. The interpretations of the National Appellate Matrimonial Tribunal of the Catholic Church of the Philippines, while not controlling, should be given great weight by our courts.
8. The Trial Court must order the prosecuting attorney and the Solicitor General to appear as Counsel for the State (defensor vinculi).
9. No decision should be handed down unless the Solicitor General issues a certification which will be quoted in the decision, briefly stating his reasons for his agreement or opposition to the petition.
10. The Solicitor General along with the prosecuting attorney shall submit the certification within fifteen (15) days from the date the case is deemed submitted for resolution by the court. (Republic of the Philippines v. CA and Molina, 268 SCRA 198).
Wednesday, February 4, 2009
PREPARING FOR MATRIMONIAL LITIGATION
1. Find a competent and reliable attorney who specializes in family law and matrimonial dissolution law.
2. Examine the contents of prenuptial agreements, if any, before proceeding any further.
3. Gather documents (such as marriage certificate, birth certificate and baptismal certificate of your children, land titles and deeds, inventory list of all valuable chattels, jewelry, cars, appliances, bank accounts, stocks, bonds, pension plans, investments, mortgages, personal loans, credit cards, tax return, asset and liability statements, insurance policies, medical reports and billings and social security earnings statement) and find lay witnesses to help you prove your case.
4. Retain qualified expert witnesses who are required to testify on the technical aspects of your case.
5. Save a financial war chest to cover all litigation expenses.
6. Negotiate a settlement agreement with your spouse that covers the division of community estate, spousal support pendente lite (while litigation is pending), child support, child custody, and visitation rights out of court.
7. If negotiation fails, explore other rational alternatives to resolve property, support, custody and visitation issues (such as mediation and arbitration).
8. Discuss, before separation if possible, a reasonable and liberal custody and visitation arrangement with your spouse. If this cannot be done, ask your lawyer to file at once for a court hearing for temporary child support, child custody and spousal maintenance.
9. If possible, keep the discussions with your spouse on friendly terms. Try to seek a common ground and minimize unnecessary conflicts with your spouse.
10. Try to avoid the temptation of representing yourself. Refrain from discussing your case with anyone other than your attorney.
11. Secure a temporary freeze order from the court to prevent assets from being dissipated and squandered by your spouse.
12. Initiate discovery proceedings early to identify and recover hidden marital assets, including the annotation of an adverse claim, implied trust, power of attorney or lispendens at the back of the transfer certificates of title of real estate which are believed to be marital property.
2. Examine the contents of prenuptial agreements, if any, before proceeding any further.
3. Gather documents (such as marriage certificate, birth certificate and baptismal certificate of your children, land titles and deeds, inventory list of all valuable chattels, jewelry, cars, appliances, bank accounts, stocks, bonds, pension plans, investments, mortgages, personal loans, credit cards, tax return, asset and liability statements, insurance policies, medical reports and billings and social security earnings statement) and find lay witnesses to help you prove your case.
4. Retain qualified expert witnesses who are required to testify on the technical aspects of your case.
5. Save a financial war chest to cover all litigation expenses.
6. Negotiate a settlement agreement with your spouse that covers the division of community estate, spousal support pendente lite (while litigation is pending), child support, child custody, and visitation rights out of court.
7. If negotiation fails, explore other rational alternatives to resolve property, support, custody and visitation issues (such as mediation and arbitration).
8. Discuss, before separation if possible, a reasonable and liberal custody and visitation arrangement with your spouse. If this cannot be done, ask your lawyer to file at once for a court hearing for temporary child support, child custody and spousal maintenance.
9. If possible, keep the discussions with your spouse on friendly terms. Try to seek a common ground and minimize unnecessary conflicts with your spouse.
10. Try to avoid the temptation of representing yourself. Refrain from discussing your case with anyone other than your attorney.
11. Secure a temporary freeze order from the court to prevent assets from being dissipated and squandered by your spouse.
12. Initiate discovery proceedings early to identify and recover hidden marital assets, including the annotation of an adverse claim, implied trust, power of attorney or lispendens at the back of the transfer certificates of title of real estate which are believed to be marital property.
Monday, February 2, 2009
CHECKLIST OF EXPENSES FOR ANNULMENT CASE
1. Legal Filing Fees
2. Paralegal Fees
3. Expert's Fees
4. Attorney's Fees
5. Investigation Fees
6. Discovery Expenses
7. Copying Services
8. Publication Charges
9. Service of Summons
10. Stenographer's Fees
11. Reimbursement of Witnesses
12. Interpreter's Fees
13. Postage and Phone Charges
14. Travel Costs
2. Paralegal Fees
3. Expert's Fees
4. Attorney's Fees
5. Investigation Fees
6. Discovery Expenses
7. Copying Services
8. Publication Charges
9. Service of Summons
10. Stenographer's Fees
11. Reimbursement of Witnesses
12. Interpreter's Fees
13. Postage and Phone Charges
14. Travel Costs
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