Father of US Citizen Stepchild Denies Signature

[mike&rhio 19]

I filed a K1 for my fiancee and step daughter, we did not have to have the fathers signture, they were not married and the child's father name is not on the birth certificate i know the philippines law states that if child is born out of wedlock, the mother has full custody.(someone correct if i am wrong).

[VanessaTony 3,567]

SOME countries have laws (like in the Philippines) where even if the fathers name is on the birth certificate, if the child was born out of wedlock it is automatic full custody.

Other countries like Australia require a court order. A friend of mine went through this. Basically she had to petition the court to award full sole legal custody. Her sons father had NOTHING to do with his son (also born out of wedlock) and she's been raising him herself for 10 years. She had to actively try and locate the father and try and obtain his signature. Once she had proof she tried (if she failed) she returns to court and would have been awarded full custody. In my friends case the ex tried to blackmail her for the signature (signing away her claim to child support etc) but she also ended up not immigrating.

So, check the laws in your fiancee's country, it could be like the Aussie system. If so, it's a relatively long process so you would want to get started now. I hope for her sake it's more like the Philippines.

The stage at which the signature is required is at the interview stage for your step-child to get the visa, without it they will not issue your step-daughter a visa.

**Edit - if the system is anything like Australia then it seems she has a good case. If she has proof of:

- the father living in the US (thus abandoning his child anyway)

- him refusing to sign (such as an email or something in writing)

- she has been raising the child herself all these years

She will probably need to see a lawyer to get it organised and to find out exactly what she needs. I have no idea how much it will cost but being awarded sole custody will benefit in many ways.

If you're interested, you could also look into what's required to legally adopt the child... I would say the guy would let adoption go through because it means he doesn't pay child support, that becomes YOUR issue.

Edited October 11, 2010 by Vanessa&Tony

[Ribs & Beans 19]

Check out this link:

http://dominicanstotheusa.com/forum/index.php/topic,8454.0.html

and this link:

http://dominicanstotheusa.com/forum/index.php/topic,8263.0.html

They're not exactly the same as your situation, because in these cases, the fathers of the children were US Citizens. However, it looks like there might be some useful hints in there for your case as well. Obviously this isn't legal advise, and you'll definitely want to verify this information, but in the first thread they mention that if the father is NOT a US Citizen, then all you'll need is the permission to travel from him. One poster wrote:

"As far as Permission to travel Frank is talking about. In cases of child abandonment like this where the father is just gone....... You CAN get the permisso strait from the Procuraduria with proof of abandonment and 2 witnesses."

Good luck!!!

[Justine+David 218]

What a waste of space (the father). I wish you all the best in luck with your new family.

[Boiler 46,242]

Are you sure he is legally present in the US?

[Rob and Jill 82]

Are you sure he is legally present in the US?

He stated earlier the father is a green card holder.

As far as advice goes, if you think he is worried about a child support issue simply offer to adopt the child. Then he is legally free of monetary responsbility to her. It might sway him a bit.

[I & G 1]

I have petioned for my two stepchildren also and have some similar issues. The best way to get your answer is contact the USEM in DR via email and state the facts of your case and request an answer.

I would state only the facts that the child was born out of wedlock, the birthfather is listed on the BC, the birth father is currently in the USA and his status. The CO at the embassy during your interview will be the one to approve this. You will also need to send this document to the NVC.

Every country has different laws regarding children born out of wedlock. The USEM will answer this for you for sure. I would start there then decide what is going to be your next step.

Good luck.

[Osvaldo 0]

The best way to get your answer is contact the USEM in DR via email and state the facts of your case and request an answer.

@ I & G: I like your idea. I will try it ASAP.

In cases of child abandonment like this where the father is just gone....... You CAN get the permisso strait from the Procuraduria with proof of abandonment and 2 witnesses.

@ Kikapoo: In the recent weeks he has become more proactive by sending $$$ in one occasion. His mother made my wife sign a receipt, which my wife signed. As much as 8 months will pass by and he will not call his dauther. Since he learned of their petition he is calling 3 times a week. He claims that no other man will bring his dauther to the U.S. if someone will do it, it will be him. However, my wife does not trust he will, nor she will allow him to bring her becasue he has only spend time with the child ONCE in 6 years. She also will not come live with me to the US without the child. Which I totally support.

they were not married and the child's father name is not on the birth certificate i know the philippines law states that if child is born out of wedlock, the mother has full custody.(someone correct if i am wrong).

@ mike&rhio and Vanessa&Tony: The only problem is that the biological father's name is on the BC. My wife will find out more about this tomorrow. He also now has proof that he has not avandoned the child (See above). Even if this was the case prior to 2 months ago.

As far as advice goes, if you think he is worried about a child support issue simply offer to adopt the child. Then he is legally free of monetary responsbility to her. It might sway him a bit.

@ Rob and Jill: Discussed this with my wife. She does not think he will go for it. She feels he will not have the guts to admit to that even if that's his concern. She thinks it is easier for him if he just denies cooperation. Somehow he still sees himself as a good father.

Everyone, thanks again for sharing your time, entusiasm and ideas. My wife will go see a layer tomorrow in DR. I will let you know how that goes. I also made a call to an Immigration lawer in the U.S. I sent her an email with the details of my case and she said will contact me tomorrow. If anyone else has more details; please do share.

[Used to be broken 147]

You are right; it was not lawfully executed in a court. It is just that she has been raising the child without the father help for the last 6 years. So I take back the part about having full custody.

If she can, have her legally terminate parental rights .. might be able to do this based on abandonment. Need a DR Attorney for this though.