Question about stepdaughter's interview in Philippines - Biological father won't sign consent

[kc409 2]

My stepdaughter's father is not in the picture, doesn't pay child support, but is refusing to sign the consent form.  His name is on the birth certificate and my stepdaughter does have his last name.  He and my wife were never married.  Anyone been through this before?  Do we need a court order of sole custody?  Or something else?  Or nothing?

[Chancy 6,241]

3 minutes ago, kc409 said:

He and my wife were never married.

 

No need for consent from the father, even if he is listed on the birth certificate.  Article 176 of the Family Code of the Philippines already guarantees that the mother has sole parental authority over her children who were born out of wedlock.  The US embassy in Manila is very familiar with this provision of law and will not ask for any consent form or custody document.

 

[kc409 2]

6 minutes ago, Chancy said:

 

No need for consent from the father, even if he is listed on the birth certificate.  Article 176 of the Family Code of the Philippines already guarantees that the mother has sole parental authority over her children who were born out of wedlock.  The US embassy in Manila is very familiar with this provision of law and will not ask for any consent form or custody document.

Thanks so much for this advice.  I have been talking to a company that claims to help get visas approved and also 2 lawyers locally here in the Phillipines.  I have heard different things from all of them.  1 lawyer suggested an affidavit, another a court order.  The online company told me that I should get at least a DSWD and maybe a court order.  I see that you have filed in the Philippines so I just wonder if you were in the same boat or how you got this info?  🙏 big appreciation   

[Chancy 6,241]

2 minutes ago, kc409 said:

1 lawyer suggested an affidavit, another a court order.

 

Those lawyers are trying to squeeze money out of you.  No affidavit, no court order required for a mother to gain custody of her Filipino child born out of wedlock.  Those documents would be redundant as the Family Code already states what you need.

 

6 minutes ago, kc409 said:

The online company told me that I should get at least a DSWD and maybe a court order.

 

DSWD clearance is not required for a child traveling with an immigrant visa.  But if your step-child is a minor and traveling alone, it may be a good idea to get one anyway.  Biological father's consent is NOT needed for the DSWD clearance either.  If your wife and step-child will be traveling together, DSWD clearance is definitely NOT required.

 

21 minutes ago, kc409 said:

I see that you have filed in the Philippines so I just wonder if you were in the same boat or how you got this info?

 

I'm not in the same situation, but the fact that custody evidence is not required at the visa interview for Filipino children born out of wedlock, is well-known by the regulars here at VJ.  Also, you can google "Article 176 Family Code Philippines parental authority".

 

I'll ask the mods to move this thread to the Philippine sub-forum so you can get assurances from other VJ members with IR2 or K2 children who were in similar situations and got their visas without presenting any consent/custody document.

 

[kc409 2]

20 minutes ago, Chancy said:

 

Those lawyers are trying to squeeze money out of you.  No affidavit, no court order required for a mother to gain custody of her Filipino child born out of wedlock.  Those documents would be redundant as the Family Code already states what you need.

 

 

DSWD clearance is not required for a child traveling with an immigrant visa.  But if your step-child is a minor and traveling alone, it may be a good idea to get one anyway.  Biological father's consent is NOT needed for the DSWD clearance either.  If your wife and step-child will be traveling together, DSWD clearance is definitely NOT required.

 

 

I'm not in the same situation, but the fact that custody evidence is not required at the visa interview for Filipino children born out of wedlock, is well-known by the regulars here at VJ.  Also, you can google "Article 176 Family Code Philippines parental authority".

 

I'll ask the mods to move this thread to the Philippine sub-forum so you can get assurances from other VJ members with IR2 or K2 children who were in similar situations and got their visas without presenting any consent/custody document.

 

Thank you so much.  I cant tell you how much you've made my day.  I have been ruminating on this for days.  

[Unlockable 7,314]

*** Topic moved to the "Regional (Philippines)" section of the forum as it is country specific.

 

VJ Moderation

[Joe Kano 327]

2 hours ago, Chancy said:

 

No need for consent from the father, even if he is listed on the birth certificate.  Article 176 of the Family Code of the Philippines already guarantees that the mother has sole parental authority over her children who were born out of wedlock.  The US embassy in Manila is very familiar with this provision of law and will not ask for any consent form or custody document.

 

Very interesting law, I can see both the pros and cons.  But I can see why it's that way in the Philippines. 

 

Good information 👍

[flicks1998 1,044]

2 hours ago, kc409 said:

Thank you so much.  I cant tell you how much you've made my day.  I have been ruminating on this for days.  

I can confirm from 1st hand knowledge that everything Chancy says on each point is correct.  

[angeljolie 188]

Confirming what @Chancy said too. I arrived in the US with my kids earlier this month and the journey was smooth. No questions asked. 

[kc409 2]

1 hour ago, angeljolie said:

Confirming what @Chancy said too. I arrived in the US with my kids earlier this month and the journey was smooth. No questions asked. 

Congrads!  Thanks for even more confirmation.  Do your kids also have their biological father's surname?

[RO_AH 1,659]

9 hours ago, angeljolie said:

Confirming what @Chancy said too. I arrived in the US with my kids earlier this month and the journey was smooth. No questions asked. 

Congrats! I didn't know you finally made it!

[jskibo 588]

On 6/18/2021 at 11:21 AM, kc409 said:

Congrads!  Thanks for even more confirmation.  Do your kids also have their biological father's surname?

My step daughter did but as the same my wife was never married previously.  
 

no questions and no issues at embassy or airport. 

[sunandmoon 450]

as others have said, mother has sole custody. Probably not smart of the father to try to make waves. When daughter comes here and if she becomes

a US Citizen. she could petition her father.

[John & Rose 7,239]

My step kids father refused to "allow" the kids to leave and claimed he would stop them...we laughed.  The mother has sole custody and they were able to leave without a single question.

 

Beware of the bottom feeder lawyers.  They are just trying to scare you for a few pesos.  My wife was scared but I knew that the ex husband and biological father had no say at all if the kids left.  Relax.  You are fine.

Edited June 29, 2021 by John & Rose

[fledggggg 0]

Hi @kc409, may I know how this turned out for you?  

We're going through a similar process. I'm not sure if the embassy will ask for proof that we at least tried to reach out to him and asked for his consent. 

So far, the comments here are promising.   Thank you guys. 

 

Edited April 19 by fledggggg