Affidavit from biological father

[happywifeymom 4]

Hello Vj members,

Just wanna make sure about this issue. My kids are using the father's name eventhough we were never married legally. We are on the process of getting them through I-130.

My question is:

1.-Do i need to find the father to get his permission to allow my kids to travel and live with me? I mean do i need an affidavit from him giving me the kid's full custody when my kids are with me?I don't even know if he is still alive..how can i get an affidavit from him? .He don't have signature on the kid's Birth certificate but kids are using his name..No contact, no support no nothing.

2.-DOes he have the right to my kids the fact that we were not married? and no signature on the Birth Certificate?

Pls. Help me. I would appreciate any ideas.

[raquel_1208 1]

Hello Vj members,

Just wanna make sure about this issue. My kids are using the father's name eventhough we were never married legally. We are on the process of getting them through I-130.

My question is:

1.-Do i need to find the father to get his permission to allow my kids to travel and live with me? I mean do i need an affidavit from him giving me the kid's full custody when my kids are with me?I don't even know if he is still alive..how can i get an affidavit from him? .He don't have signature on the kid's Birth certificate but kids are using his name..No contact, no support no nothing.

2.-DOes he have the right to my kids the fact that we were not married? and no signature on the Birth Certificate?

Pls. Help me. I would appreciate any ideas.

Answer:

1. No you do not need permission from the biological father even he is in the birth certificate of your kids. Requirements for minors travelling abroad is one biological parent and birth certificate of the kids. No DSWD clearance needed either.

2. I do not know if the biological father has rights when your kids are out of the country. I have been doing some reading that you might have problems when your husband adopts your kids. I just want my daughter for her last name to be changed to her stepdad, my husband . When she gets her citizenship, my husband and I planning to legally change her last name so the biological father will not have to be involve.

[DEDixon 39]

Hello Vj members,

Just wanna make sure about this issue. My kids are using the father's name eventhough we were never married legally. We are on the process of getting them through I-130.

My question is:

1.-Do i need to find the father to get his permission to allow my kids to travel and live with me? I mean do i need an affidavit from him giving me the kid's full custody when my kids are with me?I don't even know if he is still alive..how can i get an affidavit from him? .He don't have signature on the kid's Birth certificate but kids are using his name..No contact, no support no nothing.

2.-DOes he have the right to my kids the fact that we were not married? and no signature on the Birth Certificate?

Pls. Help me. I would appreciate any ideas.

I just tried to find the post, but I remember a woman who had to get permission from the bio father in order for the child to leave the RP. It turned out the bio father was in New Jersey so she made contact, he agreed and all done.

You said he might be dead, but definitely his whole family isn't dead and since you had his child, you probably know where his family lives. You can start there to find him - they'll let you know if he is alive.

If his family hasn't heard from him in years then you can get some sort of paperwork that assumes he is dead. You might also have to put an ad in the paper - some sort of declaration (I forget the details).

[happywifeymom 4]

Hello Vj members,

Just wanna make sure about this issue. My kids are using the father's name eventhough we were never married legally. We are on the process of getting them through I-130.

My question is:

1.-Do i need to find the father to get his permission to allow my kids to travel and live with me? I mean do i need an affidavit from him giving me the kid's full custody when my kids are with me?I don't even know if he is still alive..how can i get an affidavit from him? .He don't have signature on the kid's Birth certificate but kids are using his name..No contact, no support no nothing.

2.-DOes he have the right to my kids the fact that we were not married? and no signature on the Birth Certificate?

Pls. Help me. I would appreciate any ideas.

I just tried to find the post, but I remember a woman who had to get permission from the bio father in order for the child to leave the RP. It turned out the bio father was in New Jersey so she made contact, he agreed and all done.

You said he might be dead, but definitely his whole family isn't dead and since you had his child, you probably know where his family lives. You can start there to find him - they'll let you know if he is alive.

If his family hasn't heard from him in years then you can get some sort of paperwork that assumes he is dead. You might also have to put an ad in the paper - some sort of declaration (I forget the details).

Thank you guys for the replies. Never had contact with his family either. I really hope this affidavit from the father won't be asked from me..I know if he is alive..he won't give the consent .What should i do? Do i need to consult a lawyer about this?

[Mykuls Merry Ann 4]

Hello Vj members,

Just wanna make sure about this issue. My kids are using the father's name eventhough we were never married legally. We are on the process of getting them through I-130.

My question is:

1.-Do i need to find the father to get his permission to allow my kids to travel and live with me? I mean do i need an affidavit from him giving me the kid's full custody when my kids are with me?I don't even know if he is still alive..how can i get an affidavit from him? .He don't have signature on the kid's Birth certificate but kids are using his name..No contact, no support no nothing.

2.-DOes he have the right to my kids the fact that we were not married? and no signature on the Birth Certificate?

Pls. Help me. I would appreciate any ideas.

Answer:

1. No you do not need permission from the biological father even he is in the birth certificate of your kids. Requirements for minors travelling abroad is one biological parent and birth certificate of the kids. No DSWD clearance needed either.

2. I do not know if the biological father has rights when your kids are out of the country. I have been doing some reading that you might have problems when your husband adopts your kids. I just want my daughter for her last name to be changed to her stepdad, my husband . When she gets her citizenship, my husband and I planning to legally change her last name so the biological father will not have to be involve.

Well lets be clear, if your kids already have a passport, then they are clear to travel. If you are in the process of getting passports for them then you need to know that if they are under 16, then both parents have to agree for them to travel. I just went through this. in the last 7 yrs.

See this website:

http://manila.usembassy.gov/wwwh3004.html

[tallcoolone 102]

Are you trying to get them out of Philippines to USA

Or from USA to PI?

[raquel_1208 1]

Hello Vj members,

Just wanna make sure about this issue. My kids are using the father's name eventhough we were never married legally. We are on the process of getting them through I-130.

My question is:

1.-Do i need to find the father to get his permission to allow my kids to travel and live with me? I mean do i need an affidavit from him giving me the kid's full custody when my kids are with me?I don't even know if he is still alive..how can i get an affidavit from him? .He don't have signature on the kid's Birth certificate but kids are using his name..No contact, no support no nothing.

2.-DOes he have the right to my kids the fact that we were not married? and no signature on the Birth Certificate?

Pls. Help me. I would appreciate any ideas.

I just tried to find the post, but I remember a woman who had to get permission from the bio father in order for the child to leave the RP. It turned out the bio father was in New Jersey so she made contact, he agreed and all done.

You said he might be dead, but definitely his whole family isn't dead and since you had his child, you probably know where his family lives. You can start there to find him - they'll let you know if he is alive.

If his family hasn't heard from him in years then you can get some sort of paperwork that assumes he is dead. You might also have to put an ad in the paper - some sort of declaration (I forget the details).

Thank you guys for the replies. Never had contact with his family either. I really hope this affidavit from the father won't be asked from me..I know if he is alive..he won't give the consent .What should i do? Do i need to consult a lawyer about this?

I've been there, done that. Just read my answer to your number 1 question. My ex-husband is very much alive. He does not know that my daughter and I were leaving the country last year. I do not have full custody of my daughter either and she is using his last name in all her documents, passport, visa, CFO and ticket. He lives 20 minutes from us. Our marriage was annulled. Then I married a US citizen. Do not worry too much. You can search here in VJ my old post about the 2005 change in guidelines for minors travelling abroad. We are in the US for a year now. My daughter have adjusted well and what she wants is just to change her last name so that it will be the same as her baby brother.

This was what happened, when we paid the travel tax, the immigration employee at NAIA just looked at my daughter's passport and her birth certificate. She saw that I am the mother and then she let us through to board the plane. No questions asked.

[happywifeymom 4]

Are you trying to get them out of Philippines to USA

Or from USA to PI?

My kids are still in the Philippines and we are ready to submit the I-130 so yes I am getting them to live with me here in the US. My daughter already has her passport and my son will apply for his this month.

[happywifeymom 4]

Hello Vj members,

Just wanna make sure about this issue. My kids are using the father's name eventhough we were never married legally. We are on the process of getting them through I-130.

My question is:

1.-Do i need to find the father to get his permission to allow my kids to travel and live with me? I mean do i need an affidavit from him giving me the kid's full custody when my kids are with me?I don't even know if he is still alive..how can i get an affidavit from him? .He don't have signature on the kid's Birth certificate but kids are using his name..No contact, no support no nothing.

2.-DOes he have the right to my kids the fact that we were not married? and no signature on the Birth Certificate?

Pls. Help me. I would appreciate any ideas.

I just tried to find the post, but I remember a woman who had to get permission from the bio father in order for the child to leave the RP. It turned out the bio father was in New Jersey so she made contact, he agreed and all done.

You said he might be dead, but definitely his whole family isn't dead and since you had his child, you probably know where his family lives. You can start there to find him - they'll let you know if he is alive.

If his family hasn't heard from him in years then you can get some sort of paperwork that assumes he is dead. You might also have to put an ad in the paper - some sort of declaration (I forget the details).

Thank you guys for the replies. Never had contact with his family either. I really hope this affidavit from the father won't be asked from me..I know if he is alive..he won't give the consent .What should i do? Do i need to consult a lawyer about this?

I've been there, done that. Just read my answer to your number 1 question. My ex-husband is very much alive. He does not know that my daughter and I were leaving the country last year. I do not have full custody of my daughter either and she is using his last name in all her documents, passport, visa, CFO and ticket. He lives 20 minutes from us. Our marriage was annulled. Then I married a US citizen. Do not worry too much. You can search here in VJ my old post about the 2005 change in guidelines for minors travelling abroad. We are in the US for a year now. My daughter have adjusted well and what she wants is just to change her last name so that it will be the same as her baby brother.

This was what happened, when we paid the travel tax, the immigration employee at NAIA just looked at my daughter's passport and her birth certificate. She saw that I am the mother and then she let us through to board the plane. No questions asked.

Thank you for your replies. I never had a problem getting my 11 y0 daughter her passport.My 7 yo son will get one this month too and hope he won't have a problem since i am sending the guardian an SPA and the Affidavit of support and consent.

I figure it won't be a problem since i was approved of the K1 without being asked about my kids..just wanna be sure coz sometimes laws changes from time to time.

Now i don't have to worry about this anymore.

Thank you so much for all the replies.

[happywifeymom 4]

Hello Vj members,

Just wanna make sure about this issue. My kids are using the father's name eventhough we were never married legally. We are on the process of getting them through I-130.

My question is:

1.-Do i need to find the father to get his permission to allow my kids to travel and live with me? I mean do i need an affidavit from him giving me the kid's full custody when my kids are with me?I don't even know if he is still alive..how can i get an affidavit from him? .He don't have signature on the kid's Birth certificate but kids are using his name..No contact, no support no nothing.

2.-DOes he have the right to my kids the fact that we were not married? and no signature on the Birth Certificate?

Pls. Help me. I would appreciate any ideas.

I just tried to find the post, but I remember a woman who had to get permission from the bio father in order for the child to leave the RP. It turned out the bio father was in New Jersey so she made contact, he agreed and all done.

You said he might be dead, but definitely his whole family isn't dead and since you had his child, you probably know where his family lives. You can start there to find him - they'll let you know if he is alive.

If his family hasn't heard from him in years then you can get some sort of paperwork that assumes he is dead. You might also have to put an ad in the paper - some sort of declaration (I forget the details).

Thank you guys for the replies. Never had contact with his family either. I really hope this affidavit from the father won't be asked from me..I know if he is alive..he won't give the consent .What should i do? Do i need to consult a lawyer about this?

I've been there, done that. Just read my answer to your number 1 question. My ex-husband is very much alive. He does not know that my daughter and I were leaving the country last year. I do not have full custody of my daughter either and she is using his last name in all her documents, passport, visa, CFO and ticket. He lives 20 minutes from us. Our marriage was annulled. Then I married a US citizen. Do not worry too much. You can search here in VJ my old post about the 2005 change in guidelines for minors travelling abroad. We are in the US for a year now. My daughter have adjusted well and what she wants is just to change her last name so that it will be the same as her baby brother.

This was what happened, when we paid the travel tax, the immigration employee at NAIA just looked at my daughter's passport and her birth certificate. She saw that I am the mother and then she let us through to board the plane. No questions asked.

Thank you for your replies. I never had a problem getting my 11 y0 daughter her passport.My 7 yo son will get one this month too and hope he won't have a problem since i am sending the guardian an SPA and the Affidavit of support and consent.

I figure it won't be a problem since i was approved of the K1 without being asked about my kids..just wanna be sure coz sometimes laws changes from time to time.

Now i don't have to worry about this anymore.

Thank you so much for all the replies.

Edited March 6, 2009 by happywifeymom

[-B&T- 1]

Are you trying to get them out of Philippines to USA

Or from USA to PI?

My kids are still in the Philippines and we are ready to submit the I-130 so yes I am getting them to live with me here in the US. My daughter already has her passport and my son will apply for his this month.

Correct me if I'm wrong but you have the full custody of your children since their social status were illegitimate (you and the father of your children were not married to each other at the time of their birth ).You do not need his consent but you need travel clearance for them (since they are minor) from DSWD when they travel accompanied by person other than you the parent.

[happywifeymom 4]

Are you trying to get them out of Philippines to USA

Or from USA to PI?

My kids are still in the Philippines and we are ready to submit the I-130 so yes I am getting them to live with me here in the US. My daughter already has her passport and my son will apply for his this month.

Correct me if I'm wrong but you have the full custody of your children since their social status were illegitimate (you and the father of your children were not married to each other at the time of their birth ).You do not need his consent but you need travel clearance for them (since they are minor) from DSWD when they travel accompanied by person other than you the parent.

hi Bituin, thanks for your reply. I will be travelling with my kids when it is time for them to fly.

[-B&T- 1]

Are you trying to get them out of Philippines to USA

Or from USA to PI?

My kids are still in the Philippines and we are ready to submit the I-130 so yes I am getting them to live with me here in the US. My daughter already has her passport and my son will apply for his this month.

Correct me if I'm wrong but you have the full custody of your children since their social status were illegitimate (you and the father of your children were not married to each other at the time of their birth ).You do not need his consent but you need travel clearance for them (since they are minor) from DSWD when they travel accompanied by person other than you the parent.

hi Bituin, thanks for your reply. I will be travelling with my kids when it is time for them to fly.

You are welcome. I am sure the kids will be very happy to be with you.Goodluck!

[RDDIXON 0]

It seems there are a lot of ifs, ands and buts tied to the kids traveling.

The post I was talking about involved the interview - the USEM wanted something from the father before the visa was approved. Darn, I wish I could find the post, but I can't. It probably doesn't related to this post so probably no worries like others have said.

[honeysweet 1]

Hello Vj members,

Just wanna make sure about this issue. My kids are using the father's name eventhough we were never married legally. We are on the process of getting them through I-130.

My question is:

1.-Do i need to find the father to get his permission to allow my kids to travel and live with me? I mean do i need an affidavit from him giving me the kid's full custody when my kids are with me?I don't even know if he is still alive..how can i get an affidavit from him? .He don't have signature on the kid's Birth certificate but kids are using his name..No contact, no support no nothing.

2.-DOes he have the right to my kids the fact that we were not married? and no signature on the Birth Certificate?

Pls. Help me. I would appreciate any ideas.

Hi! I agree to everyone here who replied to your post. I had been in your shoes before we started our visa journey. My children were also registered under their father's name, wherein fact we are not married. It didn't create any problem at all,even from the start. The most important thing is that you can prove the embassy that you are the mother which your name appears on their birth certificate.

Our visas been released with no hassles, and we are here in the US for almost 2 years now.

GOOD LUCK and GOD BLESS!

ana