Son Brought Illegally?

[LIFE'SJOURNEY 970]

The plan backfired on them, they knew the only way that child was going to be able to migrate to the US was thru it's biological mother. The biological mother broke no laws. So sorry.

[LIFE'SJOURNEY 970]

The grandmother has no legal rights. Just hope that the mother will try to stay in touch with the grandmother. Hope-ing not to be defriend from facebook.

Edited February 12, 2012 by LIFE'SJOURNEY

[wizzard1663 0]

So he voluntarily handed over the child. You did not mention that initially.

He would still have whatever legal rites he had under Philippine Law that he had before.

As he is there and the child is here and it seems that there was no legal issue in moving the child to the US, the legal rights etc seem moot.

I follow what you are saying, but I'm wondering if a required procedure was bypassed before the child left with the Mother for the US. I find it hard to comprehend that a question wasn't raised regarding who had custody of the child in the Philippines, in the Embassy interveiw in Manila. If she told the truth that the child lived with his Father, I would think the Embassy interviewer would have asked for a signed release by the Father. Since the Father never gave a signed release, it is likely some other fake story line was given. If the Embassy doesnt require a release by whoever had custody of the child in the Philippines, and they go strictly by an approved I 130, then I guess a signed release by the Father wouldnt have been required. If in fact a release was needed, if hey knew of the Father having custody, then the fact that the child is here and the Father is there doesnt eliminate legal rights. Getting away with something improper is not the same as being free and clear.

[Boiler 46,232]

If the Mother provide fraudulent documentation that would be another issue. Bearing in mind the level of fraud at this Consulate I would be surprised if they let one pass.

[Penguin_ie 5,997]

I believe in the Philipines, if there is no court papers giving the father custody, an illegitimate child is automatically under the mother's custody. The father has no rights.

I think the only thing you can do is wait till the bio father is in the USA, then start a custody dispute in US courts.

[Dan and Judy 614]

There is a difference between legal and physical custody. If the mom had legal custody due to the child being illigitimate then that legal custody would be maintained regardless of who was taking care of the child. Probably the father could have tried to get legal custody claiming abandonment but he didn't do that so as far as the Philippines and USCIS was concerned he had no legal rights.

[beejay 125]

If the Mother provide fraudulent documentation that would be another issue. Bearing in mind the level of fraud at this Consulate I would be surprised if they let one pass.

Because the parents were never married the mother would not have needed any documentation to bring the child out of the Philippines. She has sole legal parental authority of the child. The only way she wouldn't would be if the father had actively petitioned the courts and it doesn't sound like he did that.

I follow what you are saying, but I'm wondering if a required procedure was bypassed before the child left with the Mother for the US. I find it hard to comprehend that a question wasn't raised regarding who had custody of the child in the Philippines, in the Embassy interveiw in Manila. If she told the truth that the child lived with his Father, I would think the Embassy interviewer would have asked for a signed release by the Father. Since the Father never gave a signed release, it is likely some other fake story line was given. If the Embassy doesnt require a release by whoever had custody of the child in the Philippines, and they go strictly by an approved I 130, then I guess a signed release by the Father wouldnt have been required. If in fact a release was needed, if hey knew of the Father having custody, then the fact that the child is here and the Father is there doesnt eliminate legal rights. Getting away with something improper is not the same as being free and clear.

US Embassies follow the custody laws of the country they are in. As SunandMoon stated "under Philippine law, the mother would have sole [legal] custody." Fathers in the Philippines, unless married to the mother, have no parental authority or rights in regard to their children. (The other side of that being good luck trying to get child support for an illegitimate child) Trying to prove the mother brought the child to the US illegally is going to be a waste of energy and a dead end - not to mention that if you succeed probably only make things more complicated for you. It sounds like your goal was to get the child to the US. The child is in the US. I think the best thing for the child and for your desired outcomes is to focus on trying to form a less adversarial relationship with the child's mother. At the very least it means you can work towards actually being able to see the child. If she has not had any interest in raising the child prior to this it may mean that she will decide she doesn't want the responsibility and provided you have been able to form a functional relationship with her she may hand the child over to you of her own accord.

If you fear the child is in an unsafe situation (and to be honest I sincerely hope this is just an overreaction on your part) I believe you can call child protective services or some similar agency here in the US and try and take action that way. I'm not sure what proof you would need to prompt an investigation but realize if you do make the call and they find nothing wrong that you have then probably severed whatever connection you may have had to the child. If you are able to come to some sort of understanding with the mother, being allowed into the child's life is also a way to see how the child is living and being treated and either negate your fears or confirm them. If it is the latter you will then have proof rather than speculation in order to have action taken by protective services.

My main point is that unless you can prove the child is in a dangerous situation the mother has all the power. Figure out how to work with her to see the child. If you are unable or unwilling to do that you could look into trying to use the court system in the U.S. to obtain visitation rights as a grandparent but I don't know how successful you would be.

[Dan and Judy 614]

the child attended the interview, but the father was never invited or asked for his approval. is it possible the US Embassy would simply let the child go with the Mother, who never had more than an hour of his life in seven years, without any consent by the father?

Add to this that the Step Father was in a picture on facebook in a very short pair of underwear, with a big bulge, bouncing the child on his lap after he arrived in Illinois.

They removed the pictures from Facebook, at the same time they cut off all communication between the child and his Grandmother who he calls Mamma

Since the mother has complete legal custody. If you guys raised the question of the big bulge with the mother, you shot yourselves in the foot. Big time.

If they felt there was something wrong with the picture they wouldn't have put it on facebook.

If Grandma starting suggesting there was something improper going on, these people are now afraid that further contact could only give grandma more ammuniton to make trouble so it would be logical for them to sever ties.

I don't know if there was animosity between mom and grandma in the first place. If they were on good terms previously then an apology might be the best hope of seeing the kid again before his 18th birthday.

[Hank_ 9,174]

Yup ... got to agree as I read on this, I doubt if anything illegal was done by the mother, she was the sole legal parent of the boy.