Biological Father VS. Non-Biological Parent

[jandk 6]

Hey guys-

So here we are, another adventure through the immigration process... So, My wife is here in the US and she wants her daughter to be here as well... The Biological father hasnt been around and if he was around he would want money....Questions relates to the immigration process once the i-130 is approved... are we going to need permission to take his daughter out of the country? Daughter is 8yrs old... and the father is a tool, hasnt been around since day 1..

Any suggestions?

[Penguin_ie 5,993]

Is the father mentioned on the birth cert?

Does wife have sole legal custody?

[Deputy Purple 1,294]

Is the father mentioned on the birth cert?

Does wife have sole legal custody?

In the Philippines all that matters is were they married when the kid was born?

If not then the father has no parental rights.

Just follow the link in my signature.

Edited March 23, 2011 by Bob 4 Anna

[pookaphilus 12]

Is the father mentioned on the birth cert?

Does wife have sole legal custody?

Hello...I also agree...if the Father is not mentioned in the birth certificate, it usually means that the mother has the sole custody, and you would see no problem with that(but if you want to make sure, the mom should go to the nearest DSWD to consult about it)..on the other hand, if the father's name is mentioned on the child's birth certificate, your wife should consult with DSWD and maybe a lawyer to talk about the case(it's another expense but it's the best thing to do coz your wife needs legal papers to get the child) because the father might sue you both for kidnapping if he finds out that you just took the child without his consent..a sad thing indeed but it's possible...btw, your wife can prove the abscence and negligence of the father in the court and might be able to get a sole custody then...one thing, before the child leaves the country, the security and immigration officers at the airport would check his/her legal documents(usually they would ask for a DSWD paper..I'm not so sure about this..but it's what I have heard from others)..I really pray that you would be able to get the child and give her a wonderful life ahead...God bless..

[sunandmoon 450]

Hello...I also agree...if the Father is not mentioned in the birth certificate, it usually means that the mother has the sole custody, and you would see no problem with that(but if you want to make sure, the mom should go to the nearest DSWD to consult about it)..on the other hand, if the father's name is mentioned on the child's birth certificate, your wife should consult with DSWD and maybe a lawyer to talk about the case(it's another expense but it's the best thing to do coz your wife needs legal papers to get the child) because the father might sue you both for kidnapping if he finds out that you just took the child without his consent..a sad thing indeed but it's possible...btw, your wife can prove the abscence and negligence of the father in the court and might be able to get a sole custody then...one thing, before the child leaves the country, the security and immigration officers at the airport would check his/her legal documents(usually they would ask for a DSWD paper..I'm not so sure about this..but it's what I have heard from others)..I really pray that you would be able to get the child and give her a wonderful life ahead...God bless..

illegitamate children are under sole custody of the mother.

[Markieboy 104]

Hey guys-

So here we are, another adventure through the immigration process... So, My wife is here in the US and she wants her daughter to be here as well... The Biological father hasnt been around and if he was around he would want money....Questions relates to the immigration process once the i-130 is approved... are we going to need permission to take his daughter out of the country? Daughter is 8yrs old... and the father is a tool, hasnt been around since day 1..

Any suggestions?

I agree with Bob and sunandmoon! If your stepdaughter is deemed illegitimate, the mother has sole custody (Article 176 of the Family Code of the Philippines).

I am in the same situation. My stepdaughter never met her biologic father. He is a deadbeat dad, who wants nothing to do with her. I petitioned her as IR-2. She was approved and was granted permanent residence. At no time did we require permission from the biologic father.

I wish you good luck with this process! Keep us posted!

[happyblessedme 12]

Hey guys-

So here we are, another adventure through the immigration process... So, My wife is here in the US and she wants her daughter to be here as well... The Biological father hasnt been around and if he was around he would want money....Questions relates to the immigration process once the i-130 is approved... are we going to need permission to take his daughter out of the country? Daughter is 8yrs old... and the father is a tool, hasnt been around since day 1..

Any suggestions?

The mother would still get a permission from the biological father. The child can not go out of the country without the DSWD clearance, or permission . I was a single mom and my 2 kid's father was out of the picture but i was able to get a "Solo Parent " ID from DSWD proving that i raised my kids by myself. My kids were granted an IR2 visa but no permission was needed from the father since before the visa was granted,, he passed away so i had no issues in bringing my kids here.

[Deputy Purple 1,294]

The mother would still get a permission from the biological father. The child can not go out of the country without the DSWD clearance, or permission . I was a single mom and my 2 kid's father was out of the picture but i was able to get a "Solo Parent " ID from DSWD proving that i raised my kids by myself. My kids were granted an IR2 visa but no permission was needed from the father since before the visa was granted,, he passed away so i had no issues in bringing my kids here.

NO! NO! NO! NO! to the bolded part of your reply.

If the child is illegitimate then there is absolutely no need to get anything from the biological father as he has no parental rights. You don't need a Solo Parent ID. he child's birth certificate & mothers CENOMAR or CEMAR will prove that there was no marriage between the mother & biological father.

Edited March 24, 2011 by Bob 4 Anna

[happyblessedme 12]

You maybe right but i was saying this based on my own real experience.

Even before we started the K1 my lawyer told me that i still have to get the biological father's permission for the kids to go out of the country.

The only reason why i had to get the solo parent ID from DSWD is because it was needed for the kids to travel with me.

I am not so sure it the law about this has changed since mine was 3 years ago. but like i said it was based on my own experience..Have u done the same thing? if u don't mind me asking?

Also it might be applicable in different situations coz the father's name was on my kid"s BC and he recognized the kiddos.

Edited March 25, 2011 by happyblessedme

[Deputy Purple 1,294]

I am not so sure it the law about this has changed since mine was 3 years ago. but like i said it was based on my own experience..Have u done the same thing? if u don't mind me asking?

Also it might be applicable in different situations coz the father's name was on my kid"s BC and he recognized the kiddos.

I am posting here based my own actual experience in the same situation (our process was CR Visas though not K).

The biological father's signature was also on Gabby's birth certificate, our process was 2 years ago but the law was enacted well before that.

Here is the link to a post containing all the info.

Your lawyer was simply wrong, it happens all the time.

Edited March 25, 2011 by Bob 4 Anna

[happyblessedme 12]

I am posting here based my own actual experience in the same situation (our process was CR Visas though not K).

The biological father's signature was also on Gabby's birth certificate, our process was 2 years ago but the law was enacted well before that.

Here is the link to a post containing all the info.

Your lawyer was simply wrong, it happens all the time.

Never hired a lawyer ,,from k1 to ROC i did it all by myself with VJ. I came here on K1 and ur baby's name is same as mine ..lol