Jump to content
California123

Philippines Stepchild Custody Question

By California123 in Philippines

 Share

24 posts in this topic

Recommended Posts

sparkygirl Apprentice

sparkygirl   6

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

I believe AlohaBabes is correct that my wife has full custody of her son since the father of her son never married her. However, she needs to have evidence to that effect. The only evidence I can think of is that 1.) Her son's birth certificate indicates that she is not married to the father. 2.) Since divorce is not allowed in the Philippines, her marriage certificate showing me as her husband implies that she didn't marry the father of her child.

Hasn't anyone out there gone through this situation before? Was there any other documentation you needed to show that the child was illegitimate or that the mother has full custody?

Thanks.

Evidence to prove that the child is illegitimate

1.. Child's Birth Certificate

2. Mother's CENOMAR/CEMAR (The document will show details about the mother's marriages or previous marriages if any.

THE MOTHER OF AN ILLEGITIMATE CHILD HAS FULL CUSTODY AND EXERCISES FULL PARENTAL AUTHORITY OVER THE CHILD.

Travel permit is NOT required of the child.

Link to comment
Share on other sites
Thomas&Cleofe Proficient

Thomas&Cleofe   358

Posted
Filed: IR-2 Country: Philippines
 Timeline
Posted

Aloha!

sorry to hear about your problem.. i just like to ask if your Fiancee married the father of her daughter? because if they are never married then there will be no problem with child custody. here in the Philippines, if the child is illegitimate the sole custody of the child is in the mother. Even if the child use the name of the father or the father recognized the child and sign in the birth certificate, it doesnt matter... important thing is they are not married.. to prove that is the cenomar or the BC of the child..

the father doesnt have the right for custody, only the right to visit.. If you like to find out about this, try to google it.. thanks

Good luck!

So, does that mean that the Mother of the child can file an I-130 petition without having the consent of the biological father...???

Evidence to prove that the child is illegitimate

1.. Child's Birth Certificate

2. Mother's CENOMAR/CEMAR (The document will show details about the mother's marriages or previous marriages if any.

THE MOTHER OF AN ILLEGITIMATE CHILD HAS FULL CUSTODY AND EXERCISES FULL PARENTAL AUTHORITY OVER THE CHILD.

Travel permit is NOT required of the child.

Ohhhh....thank you for this information sparkygirl.

Link to comment
Share on other sites
sparkygirl Apprentice

sparkygirl   6

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

Under Philippine law, the mother gains sole custody of the child if the father failed in providing financial, moral, and spiritual support for the child. To be sure about this, the mother should pursue this in the Philippine family court so that she has a legal paper stating this. The other alternative is to wait for the embassy to require this, or an affidavit from the father stating that he is relinquishing custody and permits the child to emigrate.

It is not difficult to sue in family court. I doubt if the father would even show up for the hearing as it is expensive for him to hire a lawyer and be represented to protect the rights which he had never exercised in the first place.

No need to go to courts to ask the latter to declare which parent has the custody over the child if the child is Illegitimate.

General Rule, the mother has the full custody of the child illegitimate or legitimate. The mother may be deprived of custody IF the court has found the mother as mentally and morally fit as a mother.

The embassy doesnt ask for waiver of parental authority signed by the child's biological father if the parents were not married.

So, does that mean that the Mother of the child can file an I-130 petition without having the consent of the biological father...???

Ohhhh....thank you for this information sparkygirl.

YW glad to be of help.

Link to comment
Share on other sites
AlohaBabes Enthusiast

AlohaBabes   5

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

So, does that mean that the Mother of the child can file an I-130 petition without having the consent of the biological father...???

I think so. The mother have all the rights for her child. I have a friend who even got married with the father of her children. The court give her all the rights and custody on her children, that is after annulment. I will ask her more about this to be sure. They are already in the US.

event.png

Link to comment
Share on other sites
Thomas&Cleofe Proficient

Thomas&Cleofe   358

Posted
Filed: IR-2 Country: Philippines
 Timeline
Posted

I think so. The mother have all the rights for her child. I have a friend who even got married with the father of her children. The court give her all the rights and custody on her children, that is after annulment. I will ask her more about this to be sure. They are already in the US.

yes...ok. Thank you for your advice. I will also search more information.

Link to comment
Share on other sites
Markieboy Proficient

Markieboy   104

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

Evidence to prove that the child is illegitimate

1.. Child's Birth Certificate

2. Mother's CENOMAR/CEMAR (The document will show details about the mother's marriages or previous marriages if any.

THE MOTHER OF AN ILLEGITIMATE CHILD HAS FULL CUSTODY AND EXERCISES FULL PARENTAL AUTHORITY OVER THE CHILD.

Travel permit is NOT required of the child.

100% accurate information. :thumbs:

So, does that mean that the Mother of the child can file an I-130 petition without having the consent of the biological father...???

Yes. The information that sparkygirl gave is correct.

I was in a similar case, and had no problems processing the respective visa.

Good luck with your case! Please PM me if you have any questions or concerns. :D

NATURALIZATION
02/15/13 - Mailed N-400
02/19/13 - Received by Phoenix Lockbox (day 01)
02/21/13 - NOA1 issued (day 03)

REMOVAL OF CONDITIONS (WIFE)
02/18/12 - Eligible for Removal of Conditions on Residence
03/23/12 - Mailed I-751 to CSC
03/26/12 - Received by CSC (day 01)
03/31/12 - Received NOA1 (day 06)
05/02/12 - Biometrics done (day 38)
10/23/12 - Received approval email (day 212)
11/01/12 - Received green card (day 221)

IR-2 (STEPDAUGHTER)
06/01/10 - Mailed I-130 petition
06/03/10 - Package delivered to USCIS (day 01)
06/08/10 - NOA1 issued (day 06)
11/03/10 - Received approval email (day 154)
11/08/10 - Received approval notice in mail (day 159)

NATIONAL VISA CENTER (STEPDAUGHTER)
11/08/10 - NVC received case from USCIS
11/09/10 - NVC case # & IIN generated, email addresses given, DS-3032 sent via email & USPS (day 01)
11/16/10 - Received and paid AOS bill (day 08)
11/17/10 - AOS bill marked as PAID; AOS packet express mailed (day 09)
11/19/10 - Received and paid IV bill; DS-3032 accepted (day 11)
11/22/10 - IV bill marked as PAID; IV packet express mailed (day 14)
12/03/10 - Sign-in failed (day 25)
12/09/10 - INTERVIEW SCHEDULED FOR JANUARY 10, 2011 @ 6:45AM
12/28/10 - Medical exam done at SLEC Manila - PASSED! (day 40)
01/10/11 - Interview at USEM Manila - APPROVED! (day 53)
01/21/11 - Stepdaughter received passport with IR-2 visa! (day 64)

Link to comment
Share on other sites
Thomas&Cleofe Proficient

Thomas&Cleofe   358

Posted
Filed: IR-2 Country: Philippines
 Timeline
Posted

100% accurate information. :thumbs:

Yes. The information that sparkygirl gave is correct.

I was in a similar case, and had no problems processing the respective visa.

Good luck with your case! Please PM me if you have any questions or concerns. :D

Thanx Markieboy....I feel a weight lifted......whooo hoooo.

Link to comment
Share on other sites
sparkygirl Apprentice

sparkygirl   6

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

I think so. The mother have all the rights for her child. I have a friend who even got married with the father of her children. The court give her all the rights and custody on her children, that is after annulment. I will ask her more about this to be sure. They are already in the US.

Yes, I130 can proceed WITHOUT submitting a "waiver of parental authority" from the biological father of the child if the latter is an illegitimate child. My husband did this for my son, my son is now an IR2 visa holder. We did not submit a waiver of parental authority except the child's birth certificate and my CENOMAR/CEMAR. Now, when it comes to annulled previous marriage to the child's biological father, the annulment decision should state there the custody of the child BUT absent such proviso in the decision, the presumption is the mother has full custody. :)

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...