Doc needed for K2 daughter of a K1 father in Phils?

[paula.alvin 7]

K1 visa question: I am the petitioner. My Filipino fiance (beneficiary) has a 12 year old daughter, whom we plan to accompany him. Do we need to ask for a letter of consent from my future step daughter's mother? I have been trying to search in the group's previous posts but all I see are K1 Moms and not K 1 Dads. If that makes sense. Thanks in advance to anyone who is going to answer. I just filed for the K1 last April and am trying to anticipate the needed to documents.

[Boiler 45,167]

I thought in the Philippines the Mother has control?

[paula.alvin 7]

4 minutes ago, Boiler said:

I thought in the Philippines the Mother has control?

They have no legal custody aggreement. Hence, im asking what is needed cause in the Phils, illegitimate children are under the custody of their mothers.

[payxibka 10,045]

1 hour ago, paula.alvin said:

They have no legal custody aggreement. Hence, im asking what is needed cause in the Phils, illegitimate children are under the custody of their mothers.

This needs to get moved to the Philippines regional forum.  

[Chancy 6,240]

6 hours ago, paula.alvin said:

They have no legal custody aggreement. Hence, im asking what is needed cause in the Phils, illegitimate children are under the custody of their mothers.

 

I suspect your fiance will need a court order to gain custody of his child.  Because the child is already 12 years old, in deciding what's best for the child's welfare, the court will consider her opinion on who she wants to stay with.  I recommend consulting with an experienced family lawyer in the Philippines.

 

Note that the US embassy in Manila is familiar with parental custody laws regarding illegitimate children, so be prepared for the possibility that your fiance's child will not be granted a K2 visa without the custody document from a Philippine court.

 

[Crazy Cat 41,473]

***I moved this discussion to the Philippines regional discussion area****

[Joe Kano 327]

14 hours ago, Boiler said:

I thought in the Philippines the Mother has control?

They do

 

There is no such thing as child support and men are allowed to have up to 3 wives if they are muslim

 

There are so so many single mothers in the Philippines, the poorer the barangay the more illegitimate children you will see

[Joe Kano 327]

13 hours ago, paula.alvin said:

They have no legal custody aggreement. Hence, im asking what is needed cause in the Phils, illegitimate children are under the custody of their mothers.

We are in uncharted territory here.

 

I don't know if I have ever heard of a father getting petitioned and taking his child with him.

 

Please update once you get your answer

[Boiler 45,167]

A lot will depend on the Mothers view.

[Joe Kano 327]

1 hour ago, Boiler said:

A lot will depend on the Mothers view.

Or how many pesos she is paid

[paula.alvin 7]

On 5/16/2021 at 7:19 AM, Joe Kano said:

We are in uncharted territory here.

 

I don't know if I have ever heard of a father getting petitioned and taking his child with him.

 

Please update once you get your answer

Will dom unfortunately i dont know the answers yet. If a written permission would be okay.. or a court order is needed. 

[Chancy 6,240]

4 minutes ago, paula.alvin said:

If a written permission would be okay.. or a court order is needed. 

 

A written permission would hardly have legal value.  The mother may claim later on that her signature on the document was forged or that she was coerced into signing it.  Getting a ruling from a Philippine court would be the safest approach for your fiance if he wants his child to immigrate with him.

 

[flicks1998 1,044]

26 minutes ago, paula.alvin said:

Will dom unfortunately i dont know the answers yet. If a written permission would be okay.. or a court order is needed. 

I think you should speak to a family attorney for feedback on how to proceed.  They are around 2,000p an hour in Manila and wont need more than an hour time unless they draft up documents for you.  My son was born "illegitimate" and under the law technically the mother has full custody, however there are ways to legally be able to have the child leave the country with the father.  When I went through the process it was due to the death of the mother, however I learned through that process that there are many factors taken into consideration, including the age of the child.  Also, this whole thing on "legitimate" and "illegitimate" is ridiculous and eventually this classification will go away.  Pre-COVID it was already going through the legislature to be eliminated although at that time if would still be a few years.  Even the attorney I used for the last 15+ years has said its discriminatory and going forward has a huge effect on the child, all the way down to the laws on inheritance, etc.

 

Also, at a bare minimum you will need DWSD clearance.  The one thing that Philippine immigration tends to do well is they look out for the well-being of the children who are leaving the country. 

 

Edited May 17, 2021 by flicks1998

[Boiler 45,167]

It is unusual, but not unheard of, for a Court to agree to let a child out of its jurisdiction where one Parent is against the move.

[payxibka 10,045]

2 hours ago, Chancy said:

 

A written permission would hardly have legal value.  The mother may claim later on that her signature on the document was forged or that she was coerced into signing it.  Getting a ruling from a Philippine court would be the safest approach for your fiance if he wants his child to immigrate with him.

 

In other countries,  for immigration purposes,  a signed AND notarized permission letter is sufficient.  Not sure, but it might be sufficient here as well