K-2 VISA minor children dad missing for 6+ years

[David&Glaiza 6]

Not sure if I put this is the right place.  I am engaged and my fiance in the Philippines has two minor children. She has never been married (Thank God). I recently filed for the K-1 for my fiance.  I want to bring her two minor children along with us to the US. Problem is the "father" is listed on the children's birth certificates. He absconded when the second child was born and has not been seen of heard from since....no contact what-so-ever-  No idea where he went. Now I realize that to get the kids Philippine Passports (for K-2) visa we have a problem. How does my fiance get her two children PI passports when "father" has disappeared?  What are the steps we need to take so she can obtain PI passports for the children. More attorneys, acts of congress, I can only imagine but I want to get this done.  I have read that a court order granting her TOTAL custody of the children must be obtained.  Where do I start?  Is an attorney required? Anyone know of any attorneys in Makati?  Please advise.

 

Mahalo, David O

[powerpuff 6,446]

~~ Topic moved from K1 Progress Reports forum to Regional discussion: Philippines to get more country specific answers ~~

[Chancy 6,239]

4 minutes ago, David&Glaiza said:

I have read that a court order granting her TOTAL custody of the children must be obtained.

 

Wherever you read that from is wrong.  There is no such requirement if the mother was never married to the father, even if the father's name is on the birth certificate.  The unmarried mom has sole parental authority over her children.  It is explicitly noted in the Family Code of the Philippines.  No issue getting passports for her children without the father's involvement.

 

Official list of requirements for minor child passport application here -- https://dfa-oca.ph/passport/passport-requirements/requirements-for-minors/core-requirements-for-minor-new-applications/

 

[David&Glaiza 6]

4 minutes ago, Chancy said:

 

Wherever you read that from is wrong.  There is no such requirement if the mother was never married to the father, even if the father's name is on the birth certificate.  The unmarried mom has sole parental authority over her children.  It is explicitly noted in the Family Code of the Philippines.  No issue getting passports for her children without the father's involvement.

 

Official list of requirements for minor child passport application here -- https://dfa-oca.ph/passport/passport-requirements/requirements-for-minors/core-requirements-for-minor-new-applications/

 

Wow that's what I thought but of course a "friend" of my fiances claims that she was denied because she didn't have the fathers consent. Thank you very much!

[David&Glaiza 6]

10 minutes ago, Chancy said:

 

Wherever you read that from is wrong.  There is no such requirement if the mother was never married to the father, even if the father's name is on the birth certificate.  The unmarried mom has sole parental authority over her children.  It is explicitly noted in the Family Code of the Philippines.  No issue getting passports for her children without the father's involvement.

 

Official list of requirements for minor child passport application here -- https://dfa-oca.ph/passport/passport-requirements/requirements-for-minors/core-requirements-for-minor-new-applications/

 

I can't find our situation where the father is not present. Would you be so kind as to highlight that portion? Not I'm really confused.

[Chancy 6,239]

5 minutes ago, David&Glaiza said:

a "friend" of my fiances claims that she was denied because she didn't have the fathers consent.

 

In the Philippines, father's consent only matters if they were ever married.  PH DFA (for passports) and the US embassy in Manila (for US visas) are very familiar with this.  The child's birth certificate would indicate that the parents were not married.

 

1 minute ago, David&Glaiza said:

I can't find our situation where the father is not present. Would you be so kind as to highlight that portion?

 

Check the section: "In case applicant is an illegitimate child in custody of the Mother".

 

[Timona 4,158]

US acts of Congress don't apply in other countries. Every country has it's own laws

[Boiler 44,852]

You will find plenty of similar cases on VJ, very unusual for the mother to have married

[David&Glaiza 6]

2 hours ago, Timona said:

US acts of Congress don't apply in other countries. Every country has it's own laws

I know.  That's just an expression.  I have been on the bus, trike, Jeepney hobble hobble and every other means of transportation in the Philippines.  Been thru this once.  Done it and doing it again. Some people gotta lighten up...  And PS, the Philippines has more laws, rules and regulations than probably any other country in the world. That's why I could never retire there...too damn many rules. hahaha

[throwitaway 189]

2 hours ago, David&Glaiza said:

PS, the Philippines has more laws, rules and regulations than probably any other country in the world. That's why I could never retire there...too damn many rules. hahaha

Ain’t that the truth

[IWander 587]

5 hours ago, David&Glaiza said:

I know.  That's just an expression.  I have been on the bus, trike, Jeepney hobble hobble and every other means of transportation in the Philippines.  Been thru this once.  Done it and doing it again. Some people gotta lighten up...  And PS, the Philippines has more laws, rules and regulations than probably any other country in the world. That's why I could never retire there...too damn many rules. hahaha

When it comes to driving there are no rules as far as I can tell 

[RO_AH 1,648]

18 hours ago, David&Glaiza said:

of course a "friend" of my fiances claims that she was denied because she didn't have the fathers consent

I told my wife LONG ago that she should never listen to "they sad" in the Philippines. We have even joked about writing a book of all the "they saids'" It would be very humorous. As others already pointed out, an unmarried mother in the Philippines has full rights over their children. The father has zero.