Questions about Custody for Spousal Visa

[charles.e.turner5 0]

My wife (Filipina) and I (American Citizen and Military) are trying to get a spousal visa because the original plans to use the military mechanisms didn't work. I've read that consent form and court orders are not asked by the embassy since they are familiar with the law when it comes to children (two in this case). But the thread I found for that is 3 years old. Is there anyone here that has dealt with this process recently or within 1 year that can help?

Edited March 28 by charles.e.turner5

[RO_AH 1,659]

6 hours ago, charles.e.turner5 said:

My wife (Filipina) and I (American Citizen and Military) are trying to get a spousal visa because the original plans to use the military mechanisms didn't work. I've read that consent form and court orders are not asked by the embassy since they are familiar with the law when it comes to children (two in this case). But the thread I found for that is 3 years old. Is there anyone here that has dealt with this process recently or within 1 year that can help?

I take it the children are not yours? Was she ever married to the father if not you? Is there a father listed on the birth certificate?

[charles.e.turner5 0]

3 hours ago, RO_AH said:

I take it the children are not yours? Was she ever married to the father if not you? Is there a father listed on the birth certificate?

No the children are not mine and she has never been married to anyone else but me. And yes the father is listed on the birth certificate.

[RO_AH 1,659]

7 hours ago, charles.e.turner5 said:

No the children are not mine and she has never been married to anyone else but me. And yes the father is listed on the birth certificate.

In that case I do not believe that you need to do anything. Children born to an unwed mother are sole custody of the mother in Philippines law. The father has no rights. @top_secret may be able to confirm this.

[top_secret 2,458]

3 hours ago, RO_AH said:

In that case I do not believe that you need to do anything. Children born to an unwed mother are sole custody of the mother in Philippines law. The father has no rights. @top_secret may be able to confirm this.

 

Exactly.  "Marriage of parents" is on the child's birth certificate.  If no marriage is listed there is nothing required from the father by US Embassy Manila or Philippine exit immigration.  Affidavit of admission of paternity is irrelevant, as is it irrelevant if the child uses the father's surname.  Simplest custody law on the planet.  No marriage means mom has full custody.

 

Wayyyyy later, if mom naturalizes as a US Citizen, the US Passport office has been known to make trouble on the issue when applying for the child's US Passport. 

[charles.e.turner5 0]

4 hours ago, RO_AH said:

In that case I do not believe that you need to do anything. Children born to an unwed mother are sole custody of the mother in Philippines law. The father has no rights. @top_secret may be able to confirm this.

What about the odds of us winning a court fight if my wife manages to change her mind? My coworker had a similar situation, but he was able to use a US court, and win in 3 months. Had paperwork arranged in such a way that the father couldn't fight back.

[charles.e.turner5 0]

41 minutes ago, top_secret said:

 

Exactly.  "Marriage of parents" is on the child's birth certificate.  If no marriage is listed there is nothing required from the father by US Embassy Manila or Philippine exit immigration.  Affidavit of admission of paternity is irrelevant, as is it irrelevant if the child uses the father's surname.  Simplest custody law on the planet.  No marriage means mom has full custody.

 

Wayyyyy later, if mom naturalizes as a US Citizen, the US Passport office has been known to make trouble on the issue when applying for the child's US Passport. 

Well we don't plan on going back and we plan to adopt the kids with my name anyway. Just have to wait 2 years stateside so even if the dad is stubborn it'll be irrelevant even if he says no to adoption after 2 years in the US.

[RO_AH 1,659]

8 hours ago, charles.e.turner5 said:

What about the odds of us winning a court fight if my wife manages to change her mind? My coworker had a similar situation, but he was able to use a US court, and win in 3 months. Had paperwork arranged in such a way that the father couldn't fight back.

The father can't fight back. If he did not marry her he has zero rights.

[charles.e.turner5 0]

11 hours ago, RO_AH said:

The father can't fight back. If he did not marry her he has zero rights.

Then why are we being told by one lawyer (hers) the ex has to be involved and mine who says that it's 1-2 years in the court process just to get a court order to prove she has custody even without the fathers involvement? I should explain this question a little bit. We tried to bring her to Germany, where I work and live because I'm in the US Army. The process for this is called a Command Sponsorship. But Army Regulation says we need a court order to prove custody. I don't understand why can't we just walk into a family court and just get this and walk out.

[RO_AH 1,659]

2 hours ago, charles.e.turner5 said:

Then why are we being told by one lawyer (hers) the ex has to be involved

Because he wants to make money.

 

2 hours ago, charles.e.turner5 said:

and mine who says that it's 1-2 years in the court process just to get a court order to prove she has custody even without the fathers involvement?

Because he doesn't understand Philippines law. This page discusses the law and the supreme court precedence HERE

 

2 hours ago, charles.e.turner5 said:

Army Regulation says we need a court order to prove custody.

Giving them something showing the law in the Philippines should be good enough. The birth certificate will say unmarried and in the law in PH says that means that the mom has sole custody. If you need a court order affirming this she would need to retain a Philippine lawyer. But probably not the one she is currently talking to. Maybe even the one in the link I sent. Make sure that she is not asking too much. I would think that all she needs is a court order affirming that she has full custody of her children. It is common knowledge that she does in the Philippines, but she needs one (according to what you are saying) to prove that in USA. The last thing you want to do is get the father involved. He will most likely cause trouble and want to be paid off to sign anything. Welcome to the Philippines.

[RO_AH 1,659]

21 hours ago, charles.e.turner5 said:

What about the odds of us winning a court fight if my wife manages to change her mind?

I am really not understanding what you are asking here. Change her mind on what?

[charles.e.turner5 0]

50 minutes ago, RO_AH said:

Giving them something showing the law in the Philippines should be good enough. The birth certificate will say unmarried and in the law in PH says that means that the mom has sole custody. If you need a court order affirming this she would need to retain a Philippine lawyer. But probably not the one she is currently talking to. Maybe even the one in the link I sent. Make sure that she is not asking too much. I would think that all she needs is a court order affirming that she has full custody of her children. It is common knowledge that she does in the Philippines, but she needs one (according to what you are saying) to prove that in USA. The last thing you want to do is get the father involved. He will most likely cause trouble and want to be paid off to sign anything. Welcome to the Philippines.

I can't just cite the Philippine law which I found on the Philippine Supreme Courts website, because the regulations are written by Congress. That means it's mandated that we need that at least for the Command Sponsorship. I all ready tried asking for an exception and thats when I was shown the regulation, highlighted.

Here's the regulation page 14, Chapter 13, Paragraph e.

[charles.e.turner5 0]

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Edited March 30 by charles.e.turner5
Need this deleted

[top_secret 2,458]

5 hours ago, charles.e.turner5 said:

Then why are we being told by one lawyer (hers) the ex has to be involved and mine who says that it's 1-2 years in the court process just to get a court order to prove she has custody even without the fathers involvement? I should explain this question a little bit. We tried to bring her to Germany, where I work and live because I'm in the US Army. The process for this is called a Command Sponsorship. But Army Regulation says we need a court order to prove custody. I don't understand why can't we just walk into a family court and just get this and walk out.

 

 

It's important to separate US immigration law from state adoption law or US Military regulations.  For immigration it's incredibly clear cut.  US Embassy Manila and the Philippine government are in complete agreement that the mother of a child born out of wedlock needs nothing from the father to take her child anywhere in the world she wants to.  Case closed.

 

Adoption in the US is not part of the immigration process and the legal requirements will be very State specific.  Likewise, US Military regulations have their own standards that may differ from what mom needs to immigrate with her child.

 

If your wife's lawyer is a Philippine lawyer(?) he would be irrelevant to the process since there is no dispute in the Philippines.  Maybe he's trying to file a case for profit. If he is a US lawyer he may be talking about state adoption laws that differ from US Immigration laws.