Philippines Stepchild Custody Question

[California123 2]

My new filipino wife has a 7 year old child from a previous relationship. She never married the father, but he is listed on the birth certificate and the child carries his surname. I've looked through the I-130 process for bringing my new stepchild to the US and it doesn't indicate anywhere that we need to obtain the consent of the father, but my wife is nervous that he could get in the way of the process somehow. He's barely involved in her child's life and stopped providing any financial support once she married me, but he is controlling and I doubt he will give consent if he has any say in the matter. From what I've read online, since he never married her she has sole custody of the child under Philippines law.

Has anyone run into a similar situation? Is there some documentation we need to show they were never married? (Perhaps our marriage certificate since there is no divorce in the Philippines?) Is there a document she should get to show she has sole custody?

[Kazulie 132]

I don't know about the philippines exactly, but most places you need consent from the other parent.

I'm sure someone else will chime in.

[Thomas&Cleofe 358]

My new filipino wife has a 7 year old child from a previous relationship. She never married the father, but he is listed on the birth certificate and the child carries his surname. I've looked through the I-130 process for bringing my new stepchild to the US and it doesn't indicate anywhere that we need to obtain the consent of the father, but my wife is nervous that he could get in the way of the process somehow. He's barely involved in her child's life and stopped providing any financial support once she married me, but he is controlling and I doubt he will give consent if he has any say in the matter. From what I've read online, since he never married her she has sole custody of the child under Philippines law.

Has anyone run into a similar situation? Is there some documentation we need to show they were never married? (Perhaps our marriage certificate since there is no divorce in the Philippines?) Is there a document she should get to show she has sole custody?

We are in exactly the same situation except my wife's son is 5 years old. I believe the child's birth certificate shows that the parents were never married.

[Joshuaching 11]

We are in exactly the same situation except my wife's son is 5 years old. I believe the child's birth certificate shows that the parents were never married.

Under Philippine law, the mother gains sole custody of the child if the father failed in providing financial, moral, and spiritual support for the child. To be sure about this, the mother should pursue this in the Philippine family court so that she has a legal paper stating this. The other alternative is to wait for the embassy to require this, or an affidavit from the father stating that he is relinquishing custody and permits the child to emigrate.

It is not difficult to sue in family court. I doubt if the father would even show up for the hearing as it is expensive for him to hire a lawyer and be represented to protect the rights which he had never exercised in the first place.

[IsmoBem 0]

U will have a problem if the father will stop his kid to leave the country, the father have the right since ur step daughter is his legitimate child ( since he is on her BC and he carries his name) to avoid this problem u shud have ur wife file for sole custody in d court just incase the father creates some problems.

[John and Ann 10]

Had she not allowed him to sign the birth certificate, and she had sole custody, she could just leave.

As others told you, you'll need to go through the courts, if he refuses to sign a "Consent to Travel" form; I'd recommend you consult with an attorney in PH.

And on the I-130, it says to send a copy of the childs birth certificate(see directions for filling out the form). Yes, the NVC/USEM MNL will ask for this consent form.

[AlohaBabes 5]

My new filipino wife has a 7 year old child from a previous relationship. She never married the father, but he is listed on the birth certificate and the child carries his surname. I've looked through the I-130 process for bringing my new stepchild to the US and it doesn't indicate anywhere that we need to obtain the consent of the father, but my wife is nervous that he could get in the way of the process somehow. He's barely involved in her child's life and stopped providing any financial support once she married me, but he is controlling and I doubt he will give consent if he has any say in the matter. From what I've read online, since he never married her she has sole custody of the child under Philippines law.

Has anyone run into a similar situation? Is there some documentation we need to show they were never married? (Perhaps our marriage certificate since there is no divorce in the Philippines?) Is there a document she should get to show she has sole custody?

OMG!!.. I have the same situation.. Im also confused if i need to ask consent from the father of my son.. the good thing is my son is using my last name.. But his father was able to sign in his birth certificate.. I Hope someone here have the same situation and already go thru with the process.. Thanks a lot! :-)

[newbster 4]

Hi,

My fiance has a 5 year old daughter. The father was married in Manila (never told her this) and had a family (wife, kids, etc). She had her child back in Cebu and put his name on the birth cert for her daughter but he never provided any support nor was he involved in their lives in any way. He passed away Feb 22 of this year.

She went to NSO yesterday to try to get a certificate of death for him but they told her she probably has to wait at least 6 months go get one (not clear to me why).

What options do we have to get her through the embassy interview if they ask for some consent form from him? Does anyone know?

She said she heard there is some electronic/internet way to get a certificate of death (doubt it really though).

Also if she tried to file in family court I guess there is no one to file a case against since he's dead.

Does anyone know what is the easiest way to resolve this?

Thanks

[newbster 4]

Sorry to bump this but I'm really hoping anyone can point us in the right direction. My fiance went again to NSO Cebu yesterday and this time they told her they can never issue her a death certificate because she was not the legal wife of the deceased father of her child. Now we are really stuck. Even after 6 months we can't prove his death so that her daughter can leave the country as part of the K-1 Visa. We have our MNL# but it's pointless to schedule an embassy appointment until we get this custody matter resolved.

Someone also suggested that she has to go to DSWD (Dept of Social Welfare and Development) to get some registration from them that she is taking her child from the country and to the U.S.). I'm not really sure whether this is required or not as an additional requirement.

Does anyone have any advice at all? Does anyone know a reliable family lawyer in Cebu? I guess we might have to spend some money on this sad to say and pay some lawyer fees.

Edited July 26, 2012 by newbster

[AlohaBabes 5]

Sorry to bump this but I'm really hoping anyone can point us in the right direction. My fiance went again to NSO Cebu yesterday and this time they told her they can never issue her a death certificate because she was not the legal wife of the deceased father of her child. Now we are really stuck. Even after 6 months we can't prove his death so that her daughter can leave the country as part of the K-1 Visa. We have our MNL# but it's pointless to schedule an embassy appointment until we get this custody matter resolved.

Someone also suggested that she has to go to DSWD (Dept of Social Welfare and Development) to get some registration from them that she is taking her child from the country and to the U.S.). I'm not really sure whether this is required or not as an additional requirement.

Does anyone have any advice at all? Does anyone know a reliable family lawyer in Cebu? I guess we might have to spend some money on this sad to say and pay some lawyer fees.

Aloha!

sorry to hear about your problem.. i just like to ask if your Fiancee married the father of her daughter? because if they are never married then there will be no problem with child custody. here in the Philippines, if the child is illegitimate the sole custody of the child is in the mother. Even if the child use the name of the father or the father recognized the child and sign in the birth certificate, it doesnt matter... important thing is they are not married.. to prove that is the cenomar or the BC of the child..

the father doesnt have the right for custody, only the right to visit.. If you like to find out about this, try to google it.. thanks

Good luck!

Edited July 27, 2012 by AlohaBabes

[newbster 4]

Aloha!

sorry to hear about your problem.. i just like to ask if your Fiancee married the father of her daughter? because if they are never married then there will be no problem with child custody. here in the Philippines, if the child is illegitimate the sole custody of the child is in the mother. the father doesnt have the right for custody, only the right to visit.. If you like to find out about this, try to google it.. thanks

Good luck!

Hi AlohaBabes,

Thank you for your response. As you might guess this is very stressful since we are ready to schedule medical and embassy interview but now this came up so everything is stopped.

She was never married to her daughter's father. He had a secret family in Manila (i.e. he was married with family) and she was there for a month then back to Cebu where she had her baby and hasn't seen him since.

I have had different advice about this matter. One person told me that she must have a death certificate.

Another person said she also has to go to DSWD (dept of social welfare and development) to secure a certificate the child is in her custody (of course she is since she'd been her mother and with her since birth) and also to "inform" DSWD that the child will be leaving the Phils to go to the U.S.

Another person said I must get a lawyer and go to family court.

Another person said that no one at the embassy or anywhere else (including I guess CFO) will require any documentation of any kind - just the birth certificate showing her as mother, so don't worry about any of this.

Are you sure that nothing is needed? Do you know of anyone who has gone through the Visa process with a child (i.e. a single mom)? I'm not doubting what you're saying but also I don't want to go to the embassy interview and fail to pass it after spending all that money on the trip to Manila then face some longer delay.

Thank you very much.

Edited July 27, 2012 by newbster

[AlohaBabes 5]

Hi AlohaBabes,

Thank you for your response. As you might guess this is very stressful since we are ready to schedule medical and embassy interview but now this came up so everything is stopped.

She was never married to her daughter's father. He had a secret family in Manila (i.e. he was married with family) and she was there for a month then back to Cebu where she had her baby and hasn't seen him since.

I have had different advice about this matter. One person told me that she must have a death certificate.

Another person said she also has to go to DSWD (dept of social welfare and development) to secure a certificate the child is in her custody (of course she is since she'd been her mother and with her since birth) and also to "inform" DSWD that the child will be leaving the Phils to go to the U.S.

Another person said I must get a lawyer and go to family court.

Another person said that no one at the embassy or anywhere else (including I guess CFO) will require any documentation of any kind - just the birth certificate showing her as mother, so don't worry about any of this.

Are you sure that nothing is needed? Do you know of anyone who has gone through the Visa process with a child (i.e. a single mom)? I'm not doubting what you're saying but also I don't want to go to the embassy interview and fail to pass it after spending all that money on the trip to Manila then face some longer delay.

Thank you very much.

I also have the same situation. I have a 9 yo son.. his father sign in the birth certificate.. i was also worried.. some advice me to get a consent for custody from his father which i dont like to do.. I ask a question about it here in VJ, and 1 person said no need to get a consent.. I also google it, and found out a lot of things about child custody.. there are lawyers that are answering questions online. but i did not ask anymore since there are already a lot of questions about child custody, with the same situation as mine.. If you still have doubt, ask your wife to go to a public attorneys office and ask about it, so you will not spend money for it.

[AlohaBabes 5]

Check this site too. about child custody... :-)

http://legalcounseli...ther-is-abroad/

http://www.smartparenting.com.ph/mom-dad/relationships/Single-Moms-and-their-Child-Support-and-Child-Custody-Rights

Edited July 27, 2012 by AlohaBabes

[California123 2]

I believe AlohaBabes is correct that my wife has full custody of her son since the father of her son never married her. However, she needs to have evidence to that effect. The only evidence I can think of is that 1.) Her son's birth certificate indicates that she is not married to the father. 2.) Since divorce is not allowed in the Philippines, her marriage certificate showing me as her husband implies that she didn't marry the father of her child.

Hasn't anyone out there gone through this situation before? Was there any other documentation you needed to show that the child was illegitimate or that the mother has full custody?

Thanks.

[AlohaBabes 5]

I believe AlohaBabes is correct that my wife has full custody of her son since the father of her son never married her. However, she needs to have evidence to that effect. The only evidence I can think of is that 1.) Her son's birth certificate indicates that she is not married to the father. 2.) Since divorce is not allowed in the Philippines, her marriage certificate showing me as her husband implies that she didn't marry the father of her child.

Hasn't anyone out there gone through this situation before? Was there any other documentation you needed to show that the child was illegitimate or that the mother has full custody?

Thanks.

Your right about the Birth certificate of the Child and Marriage certificate.. another document is the CENOMAR it will tell that your single and never married. Possible annulment papers.

I dont know of other documents that can be use as evidence.. you can go to the nearest DSWD office to check on this..