k2 custody issues

[Jim N Augie 16]

Anyone else out there going through the process of filing 129-F for benificiary with child/children from a previous marriage? Did you have to get a permission letter from the childs father allowing exit from Philippines? Was it required even if your anullment stated custody of child is with the mother? Thanks, Jim.

[Robert&Karen 264]

We had the father sign a paper stating that the mother has custody and is allowed to take them to the US. It was not easy to find him!

[StvM 1]

Anyone else out there going through the process of filing 129-F for benificiary with child/children from a previous marriage? Did you have to get a permission letter from the childs father allowing exit from Philippines? Was it required even if your anullment stated custody of child is with the mother? Thanks, Jim.

....Your fiancée will be asked to present:

Valid passports or travel documents for the beneficiary and any dependent children

A notarized statement from an absent parent giving permission to a child to immigrate to the US along with a photocopy of the photo and signature pages of his/her passport or court decree of sole legal custody, or death certificate......

Edited August 19, 2011 by StvM

[Robert&Karen 264]

Any difference if the absent parent was never married to the mother?

[StvM 1]

Any difference if the absent parent was never married to the mother?

No difference. If birth certificate lists fathers name - permission needed. Otherwise - not. They are looking for permission from father as long, as there is one listed. Edited August 19, 2011 by StvM

[Jim N Augie 16]

Ok thanks for the replies. I actually meant for this to be in the philippines group as it varies in different countries. So verify requirements for your country. I spoke to someone with experience for Phil. they dont use the word sole. They dont have divorce. An anullment will either name custody is with the father, the mother or both. meaning my fiance has the equivalent of sole custody. Also the marriage certificate is recorded as nullified. If no marriage then custody is always with the mother. An anullment is like saying the marriage never happened so back to rule 1, custody is with the mother. But it does seem to vary depending on wetehr your country uses divorce or anuulment. Jim.

[sjr09 155]

Any difference if the absent parent was never married to the mother?

Article 176 of the Family Code states:

"Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate

children may use the surname of their father if their filiation has been

expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father.

Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child."

[2] If the father does not recognize the child, the entry for middle name in the birth certificate must be left blank. ("Republic of the Philippines vs. Trinidad R.A. Capote", February 2007)

[3] The child is still illegitimate even if the biological father's surname is used under RA 9255. The mother still has exclusive parental authority over the child.

[4] RA 9255 uses the word "may" while its IRR uses "shall". Because of the mandatory nature of the IRR, it has become a tool of oppression against women. If the biological father simply signs the birth certificate or issues a public or private document acknowledging the child, the child automatically will carry his surname, even without the mother's knowledge or consent.