Legal Questions and Answers

Read legal questions and answers from experienced Filipino lawyers and legal professionals.

Can you adopt or get custody of a sibling?

I’m 19 and my brother is 10. Our dad is deceased and our mom has a drug problem. For the past 3 years, I’ve been the primary caretaker for my brother. He’ll go back to our mom for awhile when she’s clean, but then she’ll start using again and he comes back to me. I want him to come live with me full time so he can get settled in the school in my area and stop going back and forth. Is there a way for me to get custody of him so that I can make his school and medical decisions, and so that our mother cannot just come and take him back whenever she wants? Can I get custody of him or am I eligible to adopt him? Which would be better? I live in San Jose, have my own place and job, and have no criminal record.

San Jose, CA

Mar 15, 2021

Is spanking considered child abuse in Arizona?

My ex is trying to get me on child abuse charges for spanking our son. He’s 6 years old and gets into everything. I spank him as a form of punishment and I was raised the same way. I do not hurt him or leave marks. I think it’s the best way to teach him. His mother says all spanking is illegal and is child abuse. I live in Phoenix, what is the law here in Arizona regarding corporal punishment/spanking your child? I think she is using this as a way to take shared custody of our son from me and I want to know the law before I deal with her on this issue.

Phoenix, AZ

Mar 15, 2021

How do I file uncontested divorce in Washington, D.C.?

I met a man in the Philippines and married him and brought him to the U.S. with me. Things didn’t work out after about 3 years of marriage so he left and went back to the Philippines. I know he doesn’t intend to do anything about getting a divorce. I’ve started dating again and I want to formally end the marriage. What do I need to do to get an uncontested divorce? He made it clear when he left that he doesn’t intend to come back for any divorce proceedings, so will I be able to file this and complete the divorce without him?

Washington, DC

Mar 15, 2021

Does my stepson’s bio father have to consent to his adoption?

I married my wife 5 years ago and she had a 7 year old son. At the time, he was still having contact with his father. As time passed, they saw each other less and less and for at least the last 2 years, they haven’t seen each other at all. My stepson and I have grown very close and he has been asking me to adopt him, which I want to do. My wife is in full agreement. If his father hasn’t been around and my stepson and his mother want me to adopt him, does his father have to consent? I’m not even sure at this point that we would even be able to locate him. If we can’t locate him, can the adoption go forward after a certain period of time?

Seattle, WA

Mar 15, 2021

What will a judge consider in a California custody case?

Even though we’ve been trying to work it out, my ex-husband and I can’t come to an agreement on child custody. We’ve been civil with each other since the divorce and have always worked out our issues regarding the kids, but he’s remarrying and moving farther away and our current arrangement will need to change. If we can’t figure this out and our case goes to court, what will a judge consider when deciding custody? I’m trying to determine if it’s better for me to settle for the custody arrangement he wants or go in front of a judge and fight for more time with my kids.

San Francisco, CA

Mar 15, 2021

Do you need a divorce to end a common law marriage?

I’ve been living with my girlfriend for almost 10 years. Things are not going well even though we’ve been going to counseling and I am considering ending the relationship. We live in Dallas and I know common law marriage can be a legal marriage in Texas. I was never concerned about it because I never thought we’d break up. We didn’t get officially married because she would have lost the retirement payments she got from her ex-husband if she remarried. I put her name on my house and we own other property together. If I do decide to leave the relationship, do I need to get a divorce in order to deal with the division of our property if she and I can’t agree? I suspect that if I tell her it’s over, she will make things very difficult and not want to settle things with me without involving court.

Dallas, TX

Mar 15, 2021

How to get a prenuptial agreement written in Filipino?

My fiancé and I are both Filipino and we are moving to the United States on work visas. We don’t know how long we are going to be there, but we do intend to marry while we are there. We both want a prenup because we are both older and this is not our first marriage. We have property we want to keep for ourselves and our families and don’t want to become marital. How do we find a lawyer who can draft this for us in Filipino which is what we both speak and prefer to have our agreement in. Can we use the same lawyer for the prenuptial?

Raleigh, NC

Mar 15, 2021

How do I prove child abuse and get child support for my son?

Ever since my divorce 4 years ago my son’s lived with his father. He got custody because I was not mentally healthy when we divorced. I believe he is now physically abusing our son, he comes over to my house with bruises and won’t tell me how he got them. I know he’s scared of his father. His father was abusive to me during our relationship so I know he’s capable of it. If my son won’t tell me what’s happening over there, what do I need to do to prove that he’s being abused? If I can prove it and a judge finds the abuse happened, is that enough to have my son come and live with me and have his father pay me child support? I believe my son is going to need counseling to deal with all of this and I can’t afford that without child support.

Boston, MA

Mar 15, 2021

Can a court in Atlanta order child custody mediation?

My kids’ mother and I are in a custody dispute. My lawyer filed for full custody and told me that I would be required to attend mediation to try to work something out with the mother instead of going to court. I don’t want to go to mediation and I have no intention of settling for anything less than full custody. She is not a good mother to our children and I don’t see how anything could be worked out with a mediator. Is it true that I have to go to mediation if I object and if I know it is not going to be productive? If I am not happy with my current lawyer, how do I find a different lawyer, preferably Filipino, who knows the Atlanta judges and court system well enough to ensure my chances for full custody?

Atlanta, GA

Mar 15, 2021

Do I have to respond to divorce papers if I agree with them?

My husband filed for uncontested divorce in San Diego County and a man served me with the papers at my work. I don’t disagree with anything in them or with what my husband is asking for in the divorce. The paperwork says I must file a response within 30 days or I could be subject to further court action. If I am not contesting anything and I also want the divorce, is it necessary for me to file any answer with the court?

San Diego, CA

Mar 15, 2021

Will a prenup protect my estate if I die while married?

I live in New York and I’ve been told that a spouse may be able to go against your Will if you die while still married and get more than what you’ve provided for them in the Will. I’m engaged and I have adult children from my prior marriage. I have considerable assets that I acquired before I ever met my fiancé. I want to make sure that if I die while married to her, what my Will says will be honored and my assets will go to my children. Could my fiancé agree to sign a prenup and waive any right to contest my Will or get any of my assets if die?

New York, NY

Mar 15, 2021

Can father be ordered to pay private school with child support?

My husband and I are divorcing and I am going to retain custody of our two sons. I am seeking child support but I want to know if he can also be ordered to pay their private school tuition as part of our divorce. Our children have been in private school since the first grade and they are now in grades 6 and 8. I don’t think it would be fair that they have to leave their schools and their friends just because their father wanted out of our marriage. We live in Baltimore, does Maryland law require a father to pay both child support and private school costs if the kids were in private school a long time before the divorce? Is there something I need to show or prove in the divorce to have the judge consider the private schooling along with child support?

Baltimore, MD

Mar 15, 2021

Can an adoption agency be required to abide by my wishes?

I’m Filipino and a devout Catholic. My boyfriend and I made a mistake and were with each other before we got married. We are not ready to raise a child and want to place our baby for adoption, but we want to ensure that our child is raised in a Catholic, Filipino household. If we work with an adoption agency and state our preferences, are they required by law to do what we ask and place our child with parents of our same culture and beliefs? How do we make sure this has happened and a proper placement has been made after I give up my baby at the hospital, if that’s what we do decide to do?

Fairfax, VA

Mar 15, 2021

Is sending vulgar material over the internet child abuse?

Our daughter is 14 years old and I found sexually explicit material on her computer. When I confronted her about it she said it was from an older boy she met at a party. She thinks he is 19 but isn’t sure. She claims she has not seen him since the party and has only communicated with him through the computer, so he hasn’t physically done anything to her. She admits she lied to him about her age. I want to know whether sending this kind of sexual material to a minor over the internet constitutes child abuse if the person sending it is an adult? Should I report this to Los Angeles County Dept. of Children and Family Services? Will they be able to find this person if my daughter doesn’t know his last name or where he lives? Are there criminal charges I can file?

Los Angeles, CA

Mar 15, 2021

How do I reverse a default order against me?

My wife is seeking a divorce against me and has filed paperwork with the Court in Miami. We are both from the Philippines and I was back there visiting with my family when she filed. Apparently she lied to the court and told them that she had served me with the paperwork because when I returned from my trip, I received a “default order” in the mail. It says that the case is proceeding to court because I failed to respond to what my wife filed. I didn’t even know she had filed anything until I got back from the Philippines and she never gave me notice of anything. No sheriff or anyone else ever served me with anything, either. What do I need to do to get this order of default thrown out and be able to participate in the divorce case? I don’t agree with what she wants and I need to defend myself.

Miami, FL

Mar 15, 2021

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