Philippines: Custody Paperwork for Children Post-Annulment?

[jasonrowetx 1]

I really need the help from y'all. Please help.

We filed CR-1s for my wife and her 3 children. She had her previous marriage annulled. For the custody of the two boys (8 & 10 yrs old), the annulment document states: The custody of the minor <6 year old daughter’s name> is awarded to the petitioner. However, the respondent <children’s father’s name> shall be free to visit their minor child. With regard to their two (2) children, namely: <10 year old’s name> and <8 year old’s name>, option is given to them to whom they would like to stay and live with in accordance with Section 4, Supreme Court En Banc Resolution No. A. M. 02-11-12-SC and the Family Code.

Here's the snippet from the Rule on Provisional orders (A.M. 02-11-12-SC): Section 4. Child Custody...The court may award provisional custody in the following order of preference: (1) to both parents jointly; (2) to either parent taking into account all relevant considerations under the foregoing paragraph, especially the choice of the child over seven years of age, unless the parent chosen is unfit...

So, they are basically saying that, because the children are over 7 years old, they can choose with whom they want to go (crazy law, eh). We are getting the travel affidavit from the biological father.

Do y'all think we need to get some other custody document?

[del-2-5-2014 1,339]

  On 7/7/2012 at 11:50 PM, jasonrowetx said:

<children's father's name> shall be free to visit their minor child. With regard to their two (2) children, namely: <10 year old's name> and <8 year old's name>, option is given to them to whom they would like to stay and live with in accordance with Section 4, Supreme Court En Banc Resolution No. A. M. 02-11-12-SC and the Family Code.

Here's the snippet from the Rule on Provisional orders (A.M. 02-11-12-SC): Section 4. Child Custody...The court may award provisional custody in the following order of preference: (1) to both parents jointly; (2) to either parent taking into account all relevant considerations under the foregoing paragraph, especially the choice of the child over seven years of age, unless the parent chosen is unfit...

I'm highly titillated and very happy for people of the Philippines to see that they have very good and highly moral family judicial laws.

I'm very proud as this is a stroke of genius. I'm going to salute my Pilipino co workers on Monday. Now I can see how they have such high moral fibers.

Good luck to you on your journey.

[jasonrowetx 1]

That's interesting - I don't think I asked for sarcasm...but I guess that comes for free. Does anyone have real advice about this?

[Ryan H 3,840]

Moved from IR-1/CR-1 Process & Procedures to Philippines regional forum; topic is country specific.

  On 7/7/2012 at 11:50 PM, jasonrowetx said:

We filed CR-1s for my wife and her 3 children.

Just a note on semantics, you filed petitions for your wife and her 3 children. Your wife will apply for a CR-1 visa, applications for CR-2 visas will be submitted for the children.

[jasonrowetx 1]

Ok, makes sense. So, we'll still file 4 DS-230s, though - right?

[Ryan H 3,840]

  On 7/10/2012 at 2:37 AM, jasonrowetx said:

Ok, makes sense. So, we'll still file 4 DS-230s, though - right?

Correct

[Hank_ 9,174]

  On 7/8/2012 at 1:59 AM, Gowon said:

I'm highly titillated and very happy for people of the Philippines to see that they have very good and highly moral family judicial laws.

I'm very proud as this is a stroke of genius. I'm going to salute my Pilipino co workers on Monday. Now I can see how they have such high moral fibers.

Good luck to you on your journey.

They really need a NEGATIVE -1 button for some posts.

[jasonrowetx 1]

Agreed. Very frustrating, isn't it? I mean - we are all trying to help each other here - as we go through one of the most important processes our family will ever go through. That sort of cynicism and borderline racism is troubling.

[newbster 4]

I hope I'm not interrupting this thread, but while we are discussing kids, my fiance has a 5 yr old. She was never married to the father and in fact he had a family (wife, kids) that he didn't tell her about. She has found out now and also found out that he apparently passed away (not confirmed though - just what she heard).

Anyway, what does she need to get so that her child can come with her as part of the K-1 Visa we are doing? I guess just a death certificate for the biological father? And does anyone know how to do that? He lived in Manila, she lives in Cebu. Does she have to go to Manila to do it?

If the OP doesn't want any interruption on this thread then I can edit this post to remove my question - but I thought that the ppl reading this thread might have this answer also.

Thanks

[jasonrowetx 1]

No worries. From what I understand, Philippine Family Law states that if there is no marriage (child is illegitimate), the sole custody is with the birth mother. So, if you're doing a K1 for the fiancee, then you will need to do a K2 for the child. This basically means you need to have her child listed on the 129-F. Was the child listed?

[VirtualLee 12]

Anyway, what does she need to get so that her child can come with her as part of the K-1 Visa we are doing? I guess just a death certificate for the biological father? And does anyone know how to do that? He lived in Manila, she lives in Cebu. Does she have to go to Manila to do it?

She can go to NSO office CEBU and request for a death certificate to see and prove that the father of the child is really dead.

Edited July 18, 2012 by VirtualLee

[John and Ann 10]

  On 7/11/2012 at 1:49 AM, newbster said:

I hope I'm not interrupting this thread, but while we are discussing kids, my fiance has a 5 yr old. She was never married to the father and in fact he had a family (wife, kids) that he didn't tell her about. She has found out now and also found out that he apparently passed away (not confirmed though - just what she heard).

Anyway, what does she need to get so that her child can come with her as part of the K-1 Visa we are doing? I guess just a death certificate for the biological father? And does anyone know how to do that? He lived in Manila, she lives in Cebu. Does she have to go to Manila to do it?

If the OP doesn't want any interruption on this thread then I can edit this post to remove my question - but I thought that the ppl reading this thread might have this answer also.

Thanks

?? The Birth Certificate: Did she allow him to sign the birth certificate? If not, and she has full custody of the child, she won't need anything. If he did sign it, and is now deceased, yes you'll need a death certificate. Just saying he is dead and trying to walk out at the interview probably isn't going to work at the Embassy. If he is alive and paying support, you'll need him to sign a "Consent to Travel" form.

[John and Ann 10]

  On 7/15/2012 at 2:22 AM, jasonrowetx said:

No worries. From what I understand, Philippine Family Law states that if there is no marriage (child is illegitimate), the sole custody is with the birth mother. So, if you're doing a K1 for the fiancee, then you will need to do a K2 for the child. This basically means you need to have her child listed on the 129-F. Was the child listed?

I was wondering if you got the Bio Father to sign the Consent to Travel form? If he did, then that is all you should need then at the Embassy. But you'll be asked for that at the Embassy. Another member got there, and they had them return to the court system, and it took I think it was 6-8 weeks, and $600 dollars I believe to get a court order.

[eternalcompanion 3]

  On 7/7/2012 at 11:50 PM, jasonrowetx said:

I really need the help from y'all. Please help.

We filed CR-1s for my wife and her 3 children. She had her previous marriage annulled. For the custody of the two boys (8 & 10 yrs old), the annulment document states: The custody of the minor <6 year old daughter’s name> is awarded to the petitioner. However, the respondent <children’s father’s name> shall be free to visit their minor child. With regard to their two (2) children, namely: <10 year old’s name> and <8 year old’s name>, option is given to them to whom they would like to stay and live with in accordance with Section 4, Supreme Court En Banc Resolution No. A. M. 02-11-12-SC and the Family Code.

Here's the snippet from the Rule on Provisional orders (A.M. 02-11-12-SC): Section 4. Child Custody...The court may award provisional custody in the following order of preference: (1) to both parents jointly; (2) to either parent taking into account all relevant considerations under the foregoing paragraph, especially the choice of the child over seven years of age, unless the parent chosen is unfit...

So, they are basically saying that, because the children are over 7 years old, they can choose with whom they want to go (crazy law, eh). We are getting the travel affidavit from the biological father.

Do y'all think we need to get some other custody document?

You only need a consent to travel from the biological father.

[eternalcompanion 3]

  On 7/11/2012 at 1:49 AM, newbster said:

I hope I'm not interrupting this thread, but while we are discussing kids, my fiance has a 5 yr old. She was never married to the father and in fact he had a family (wife, kids) that he didn't tell her about. She has found out now and also found out that he apparently passed away (not confirmed though - just what she heard).

Anyway, what does she need to get so that her child can come with her as part of the K-1 Visa we are doing? I guess just a death certificate for the biological father? And does anyone know how to do that? He lived in Manila, she lives in Cebu. Does she have to go to Manila to do it?

If the OP doesn't want any interruption on this thread then I can edit this post to remove my question - but I thought that the ppl reading this thread might have this answer also.

Thanks

If the biological father is dead and he acknowledged his child, you need his death certificate. If the child was not acknowledged by the father in the birth certificate of the child, you only need a consent to travel from the Dept. of Social Welfare in her locality since the child is still a minor.