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LynAndArt

Annulment and Child Custody

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Filed: K-1 Visa Country: Philippines
Timeline

Hi,

My fiancee' is in the final stages of getting her annulment and has petitioned for sole custody of her two kids. Our question is:

If she is granted an annulment and sole custody, does she need the bio fathers permission to take the kids our of the

country permanently?

Is this stated in the family code anywhere? We have an attorney and will post the question to him to, but want an independent

(think 2nd opinion from someone who has been through this) answer.

A

Thanks,

Lyn and Art

K1 VISA
Feb 17 2009 - Met Online
Apr 19 2009 - 1st Visit to the Philippines
Nov 03 2009 - 2nd Visit to the Philippines
Nov 04 2009 - Engaged
Apr 20 1010 - 3rd Visit to the Philippines
Nov 19 2010 - I-129F Mailed to Texas Lock Box
Nov 22 2010 - Received Date
Nov 29 2010 - NOA1
May 12 2011 - NOA2 Email and Text that we are approved (165-days)! Oh Thank God!
May 16 2011 - NOA2 Hard copy Received

Jul 07 2011 - Lyn and the girls pass their medicals - Thank God!
Jul 22 2011 - Interview - APPROVED
Aug 01 2011 - Picked up visas from 2GO
Aug 03 2011 - CFO Seminar
Aug 13 2011 - POE Detroit
Sep 23 2011 - Married


AOS

May 1 2012 - Mailed I-485 for Marilyn and the Girls
May 16 2012 - NOA-1 Text and Email Received
Jun 23 2012 - REF - Need tax returns for K2s
Jan 31 2013 - GC's For Lyn and Gwen. Got a REF for Uriel's Medical
Mar 21 2013 - Got CG for Uriel. We are done for 2 years

ROC

Dec 27 2014 Mailed I-751

Jan 05 2015 NOA-1 Received

Sept 24 2015 REF - Need more info to establish residency and shared financials

Dec 05 2015 Mail Response to Ref

Jan 25 2016 Received approved NOA-1

Feb 1 2016 10 year GC's received for Lyn and the girls - on to citizenship

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Filed: Country:
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Check the link in my signature, it may be helpful.

Sole Custody is different from the father's Parental Rights being terminated (in the US at least). If the court order stated that the father's parental rights are terminated then she will not need his approval otherwise I think she will.

Edited by Bob 4 Anna
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Filed: K-3 Visa Country: Philippines
Timeline

I did not get permission from my ex-husband. The requirements for minors travelling abroad must have one parent travelling with them. I just showed my daughter's birth certificate at the immigration and then we were done.

Here are the guidelines:

http://www.philippine-embassy.org.sg/index.cfm?GPID=117

05/18/07 married

05/29/07 sent I-130s for me & my daughter at CSC

06/16/07 checks for I-130 cashed

06/19/07 sent I-129F not waiting for noa1 but with printed online copies of checks cashed

06/25/07 check for I-129f cashed

06/29/07 transferred I-129f to CSC

07/03/07 received noa1 in the mail for I-129f

10/31/07 approved K3 and my I-130 except for my daughter

11/05/07 received NOA2 in the mail

12/01/07 received mail from NVC/yey we got our case number

12/20/07 went to St. Lukes and had my early medical exam

01/30/08 schedule for medical

02/07/08 interview, approved!

02/12/08 visa pick-up/cfo

02/14/08 POE-LAX

06/19/08 AOS mailed thru USPS

06/22/08 AOS delivered to Chicago IL

06/28/08 check cashed

06/30/08 received NOA1 dated 06/25/08

07/26/08 biometrics appointment

09/09/08 received EAD card in the mail

12/03/08 received interview letter for Jan 21 2009

01/21/09 approved for conditional permanent residence

02/02/09 permanent residence card arrived in the mail

10/21/10 submit form to remove conditions

01/21/11 10 year gc received

03/05/12 mailed my N-400

03/06/12 received email that they have my N-400

04/05/12 biometrics

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Filed: K-1 Visa Country: Philippines
Timeline
Hi,

My fiancee' is in the final stages of getting her annulment and has petitioned for sole custody of her two kids. Our question is:

If she is granted an annulment and sole custody, does she need the bio fathers permission to take the kids our of the

country permanently?

Is this stated in the family code anywhere? We have an attorney and will post the question to him to, but want an independent

(think 2nd opinion from someone who has been through this) answer.

A

My previous marriage was annulled and the custody of my 2 children was granted to me. I was not required by the embassy to present the father's permission to travel during the interview.

I secured a Solo Parent ID from the City Social Welfare Office, by filling up the required forms and the submission of the documents such as the court order and birth certificate of the children.

Under the present rules a travel clearance from DSWD is no longer required if the minor is travelling with either parent.

Please visit our website and make a difference in the lives of the children.www.gracegeneralsantos.org

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Filed: K-1 Visa Country: Philippines
Timeline
My previous marriage was annulled and the custody of my 2 children was granted to me. I was not required by the embassy to present the father's permission to travel during the interview.

I secured a Solo Parent ID from the City Social Welfare Office, by filling up the required forms and the submission of the documents such as the court order and birth certificate of the children.

Under the present rules a travel clearance from DSWD is no longer required if the minor is travelling with either parent.

I have read the guide lines. They seem to more concerned with child trafficing, children traveling with someone other than a bio-parent, then they

are with children traveling with a parent.

Thanks,

Lyn and Art

K1 VISA
Feb 17 2009 - Met Online
Apr 19 2009 - 1st Visit to the Philippines
Nov 03 2009 - 2nd Visit to the Philippines
Nov 04 2009 - Engaged
Apr 20 1010 - 3rd Visit to the Philippines
Nov 19 2010 - I-129F Mailed to Texas Lock Box
Nov 22 2010 - Received Date
Nov 29 2010 - NOA1
May 12 2011 - NOA2 Email and Text that we are approved (165-days)! Oh Thank God!
May 16 2011 - NOA2 Hard copy Received

Jul 07 2011 - Lyn and the girls pass their medicals - Thank God!
Jul 22 2011 - Interview - APPROVED
Aug 01 2011 - Picked up visas from 2GO
Aug 03 2011 - CFO Seminar
Aug 13 2011 - POE Detroit
Sep 23 2011 - Married


AOS

May 1 2012 - Mailed I-485 for Marilyn and the Girls
May 16 2012 - NOA-1 Text and Email Received
Jun 23 2012 - REF - Need tax returns for K2s
Jan 31 2013 - GC's For Lyn and Gwen. Got a REF for Uriel's Medical
Mar 21 2013 - Got CG for Uriel. We are done for 2 years

ROC

Dec 27 2014 Mailed I-751

Jan 05 2015 NOA-1 Received

Sept 24 2015 REF - Need more info to establish residency and shared financials

Dec 05 2015 Mail Response to Ref

Jan 25 2016 Received approved NOA-1

Feb 1 2016 10 year GC's received for Lyn and the girls - on to citizenship

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hello Sir, i am also on the process of my annulment and for sure i will have the custody of my kid. that is my q also if my kid will need the permission of the father, if the US embassy will req. the permission of the father and as i research here the answer is no. (married; the kid was born inside the marriage but parents are annulled, and the custody was given to the mother).

merry x-mas....

N-400:
May 9, 2017: N-400 packet was sent
May 15, 2017: NOA1 
June 05, 2017: Biometric Done
June 19, 2017: Case is in Line for an Interview
June 25, 2018: USCIS Scheduled an Interview
Aug. 02, 2018: Interview Date- APPROVED!
Aug. 09, 2018: Oath Ceremony

My Group

My Blog

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Filed: K-1 Visa Country: Philippines
Timeline
hello Sir, i am also on the process of my annulment and for sure i will have the custody of my kid. that is my q also if my kid will need the permission of the father, if the US embassy will req. the permission of the father and as i research here the answer is no. (married; the kid was born inside the marriage but parents are annulled, and the custody was given to the mother).

merry x-mas....

Well, according to our attorney, if the mother is granted Sole Custody then she may take them out of the country without having to seek consent.

A

Thanks,

Lyn and Art

K1 VISA
Feb 17 2009 - Met Online
Apr 19 2009 - 1st Visit to the Philippines
Nov 03 2009 - 2nd Visit to the Philippines
Nov 04 2009 - Engaged
Apr 20 1010 - 3rd Visit to the Philippines
Nov 19 2010 - I-129F Mailed to Texas Lock Box
Nov 22 2010 - Received Date
Nov 29 2010 - NOA1
May 12 2011 - NOA2 Email and Text that we are approved (165-days)! Oh Thank God!
May 16 2011 - NOA2 Hard copy Received

Jul 07 2011 - Lyn and the girls pass their medicals - Thank God!
Jul 22 2011 - Interview - APPROVED
Aug 01 2011 - Picked up visas from 2GO
Aug 03 2011 - CFO Seminar
Aug 13 2011 - POE Detroit
Sep 23 2011 - Married


AOS

May 1 2012 - Mailed I-485 for Marilyn and the Girls
May 16 2012 - NOA-1 Text and Email Received
Jun 23 2012 - REF - Need tax returns for K2s
Jan 31 2013 - GC's For Lyn and Gwen. Got a REF for Uriel's Medical
Mar 21 2013 - Got CG for Uriel. We are done for 2 years

ROC

Dec 27 2014 Mailed I-751

Jan 05 2015 NOA-1 Received

Sept 24 2015 REF - Need more info to establish residency and shared financials

Dec 05 2015 Mail Response to Ref

Jan 25 2016 Received approved NOA-1

Feb 1 2016 10 year GC's received for Lyn and the girls - on to citizenship

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Share on other sites

 
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