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Permanent Resident Father trying to Petition Illegitimate child from the Philippines.

#1 aFather'sLove

aFather'sLove

    Junior Member

  • PipPip


Posted 27 May 2012 - 10:01 PM

My husband is a Permanent Resident now in the U.S. from the Philippines and I as a US. Citzn was the one who petitioned him. We are now living in the US. together. Husband has a child from previous relationship many years before we were married. They were never married so the child is illegitimate. The thing is, husband thought he was too young to be a father before and ran away from responsibility and left the unwed mother of the child. The mother Hid the kid for many years leaving my husband without any contact with his daughter for many years.
Now, husband is still trying to have contact with this child and have custody. When the child was born,child did not carry the last name of the father when child was Born ,we knew that from his daughter's school info.
The child is living in the Philippines with the mother. My Husband would like to petition his daughter here in the US. What can we do? the only contact we'd have are news from our family members/friends in the Philippines about his daughter. And the only contact is by my mother in-law and sister in-law visiting the child in their school but the STEP-father's request is to have distance from the child and not allow communication. Although school principal have tried to communicate with the mother, as mentioned, the mother still doesn't allow contact with us. :(
I had communicated with the child's mother's sister because she friended me on facebook and be-friended me after on Facebook. :o :(
Husband works hard in the US. and tries to send financial support AND package with daughter's school stuff and some money)but the mother's sister(who be-friended me on Facebook) just got mad when she found out from the principal that we are sending packages for the child SHE then be-friended me on facebook saying that my husband is still a bad father and should just accept throughout his life that he abandoned his child long time ago so he will never have right with his daughter at all and saying that we should just give to the orphanage all the stuff we want to give his daughter.
How can we go about this process? We are also careful with this process because we don't want to spend Money on a lawyer here in the US. BUT we really want her here. Where do we start to Petition his daughter? will an evidence of a DNA test proof help? Please help my husband have right to his daughter he'd never have contact with for 10 years. I hate seeing him crushed and sad everytime he mentions his daughter. Any advice or help would be appreciated.

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#2 Harpa Timsah

Harpa Timsah

    Let's not go to VJ, 'tis a silly place.



Posted 27 May 2012 - 10:12 PM

Since they were never married, the mother has all the rights to the child by Philippine law.

I don't see the point in petitioning for a kid that you don't have custody of, or permission to move away from the Philippines.
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#3 Inky

Inky

    Elder Member



Posted 27 May 2012 - 10:14 PM

Unfortunately there is no point to petition the child if the mother is not going to let the child leave. She has to agree and let the child leave for the child to get the visa.
He would also have to prove he has a father daughter relationship with the child which he does not have one.

If your wanting to do this you will have to get a lawyer because he will need full custody of the child since the mother refuses and it will be a long time court battle - with likely an unfavorable outcome since he has not parented the child at all.
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#4 aaydrian

aaydrian

    Platinum Member


  • Group: Members
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  • Filed for: F-3 Visa

Posted 28 May 2012 - 01:12 AM

It baffles me as to why you and your husband want to take a child away from an environment that appears ideal. A court is not going to grant (without the mother's consent) full custody to a man that doesn't have his name on the Birth Certificate and has never showed financial, physical or emotional responsibility to his child until it was convenient for him. Even if you were so lucky as to gain custody, officials at the embassy/consulate may deny you/your husband's petition on the grounds of NOT having a past relationship with the child proven more so with the recent addition of the father's name to the BC.

You guys need to focus more on establishing and building a relationship with the young girl so that years down the road she has a choice of where she wants to live. For now everything seems to be okay: the mother got on perfectly without the father's help raising her child and it seems as if your step daughter lives in a good 2 parent household.
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#5 Anh map

Anh map

    K1 > AOS > ROC > USC



Posted 28 May 2012 - 12:36 PM

*Duplicate thread removed. Please do not post the same question in multiple forums.*
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#6 aFather'sLove

aFather'sLove

    Junior Member

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Posted 28 May 2012 - 12:44 PM

thank u all for the advice..someday, in god's will, father and daughter will cross the same roads and be reunited.. we are hoping to get even Visitation Rights from the mother which he longs many years ago and turned away many times, even if he is never approved to bring her here in the U.S.
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#7 aFather'sLove

aFather'sLove

    Junior Member

  • PipPip


Posted 28 May 2012 - 01:12 PM

Please help.. :help:
i am a us. permanent resident through my wife who is us. citzn who petitioned me.
how can i file for a petition for my elligitimate daughter living in the Philippines who is in custody of her mother? i have no contact with them for over 10years..except through my mother visiting daughter's school but told by teachers my daughter's "Step-father" doesn't allow. :(
School's info. says daughter is carrying her mother's last name. My Daughter's mother has other 2 sons from recent husband.
I've tried many years to have contact with my daughter but only told by ex-gf's family to stay away. i've tried to give financial support but only turned away..
I just want to be with my daughter. :(
my wife n me are going to Philippines soon for a vac. to see my daughter. What is the first step we should do? Please help! i want to spend my life with my daughter and want to give her a better life here.any advice please!

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#8 LIFE'SJOURNEY

LIFE'SJOURNEY

    Super Star Member



Posted 28 May 2012 - 01:31 PM

Your status as a US LPR doesn't give you any rights in the Phil, no more than the rights that you have as a Phil citizen. This is something you and your daughters mother have to work out.
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#9 gracell

gracell

    Member

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Posted 28 May 2012 - 01:38 PM

Hi!
I feel your longings to be with your daughter.The way I understand it since she's not using your family name as a father,you better talk to a lawyer,particularly a family lawyer in the Philippines of what
steps you can do to give a good US life to her.I am hoping your name appeared in her birth certificate as a father.Usually written at the back of the birth certificate.
Better let your mother handle the lawyer thing so you will know what to do.
Good luck!
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#10 aFather'sLove

aFather'sLove

    Junior Member

  • PipPip


Posted 28 May 2012 - 01:42 PM

Thank you.

Your status as a US LPR doesn't give you any rights in the Phil, no more than the rights that you have as a Phil citizen. This is something you and your daughters mother have to work out.


Thank you

Edited by nadiawhatever5, 28 May 2012 - 01:42 PM.

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#11 LIFE'SJOURNEY

LIFE'SJOURNEY

    Super Star Member



Posted 28 May 2012 - 01:43 PM

If the father send the US dollars to the mother she can give their daughter the same life in the Phil that he thinks his daughter could only get in the US.

Edited by LIFE'SJOURNEY, 28 May 2012 - 01:44 PM.

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#12 Anh map

Anh map

    K1 > AOS > ROC > USC



Posted 28 May 2012 - 01:43 PM

OP, please stop creating multiple threads in different forums. Keep the conversation in one place.

Moderators will merge all duplicates into one.
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#13 aFather'sLove

aFather'sLove

    Junior Member

  • PipPip


Posted 28 May 2012 - 01:45 PM

Thank you..i am hoping that is the case.


Hi!
I feel your longings to be with your daughter.The way I understand it since she's not using your family name as a father,you better talk to a lawyer,particularly a family lawyer in the Philippines of what
steps you can do to give a good US life to her.I am hoping your name appeared in her birth certificate as a father.Usually written at the back of the birth certificate.
Better let your mother handle the lawyer thing so you will know what to do.
Good luck!


OP, please stop creating multiple threads in different forums. Keep the conversation in one place.

Moderators will merge all duplicates into one.


apologize, i am a newbie, i'm still trying to figure this out.
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#14 aFather'sLove

aFather'sLove

    Junior Member

  • PipPip


Posted 28 May 2012 - 01:47 PM

thanks, but we wish to spend time with her since i haven't been with daughter since she was born.


If the father send the US dollars to the mother she can give their daughter the same life in the Phil that he thinks his daughter could only get in the US.


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#15 LIFE'SJOURNEY

LIFE'SJOURNEY

    Super Star Member



Posted 28 May 2012 - 01:49 PM

Then go visit her in the Phil.
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