Custody Docs for step child

[martinbr 1]

Custody Documentation

In support of the Immigrant Visa Petition for Alien Relative, the adoptive parent and/or petitioner must provide:

A certified copy of the adoption decree;

The legal custody decree; if custody occurred before the adoption;

A statement showing dates and places where child resided with the parents; and

If the child was adopted while aged 16 or 17 years, evidence that the child was adopted together with, or subsequent to the adoption of, a natural sibling under age 16 by the same adoptive parent(s).

Can someone help me with this? I am confused. My wife has a child who is 12 years old. Do we need some type of clearance documentation for the child as well as stated on the NVC web page under civil documents? This is her natural child, not a adopted child.

thanks,

martinbr

[Pinay Wife 47]

I see that your wife is from the Philippines. If your wife was previously married, she will need to provide NVC an annulment decree which states that the court has granted her custody of the child.

If your wife was not married and the child is illegitimate, print the link below and submit to NVC together with a letter explaining that under Philippine laws, a mother has sole authority over her illegitimate child. This law was amended and passed by Congress and signed by the President of the Republic of the Philippines.

http://www.congress.gov.ph/download/ra_12/RA09255.pdf

SECTION 1. Article 176 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, is hereby amended to read as follows:

"Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child."

Our Dept. of Social Welfare & Development is also clear on the authority of the mother over her illegitimate children. You may also want to refer the NVC to the DSWD website.

http://www.dswd.gov.ph/faqdetails.php?id=47

CAN A TRAVEL CLEARANCE BE ISSUED TO ILLEGITIMATE CHILDREN WHO ARE STILL APPLYING FOR THEIR VISA IN THE EMBASSY?

Illegitimate children are under the custody of the mother. If they will be traveling with the mother, they are not required to secure a travel clearance from the DSWD. If they are traveling with person other than the mother, they must secure a travel clearance.

WHAT ARE THE REQUIREMENTS FOR ILLEGITIMATE CHILDREN ABANDONED BY THE MOTHER AND UNDER THE CUSTODY OF THE FATHER OR OTHER RELATIVES WHO WILL BE TRAVELING ALONE OR WITH THE FATHER OR OTHER RELATIVES?

Since the mother has the absolute parental authority over her illegitimate children the father would need to secure a Court Order vesting in him the parental authority over the illegitimate children. If a parental authority has been granted to the father, and the minor will be traveling with the father, he is not required to secure a travel clearance. If the minor will travel alone or with someone other than the father, he/she is required to secure a travel clearance.

[sdw 10]

I sent in custody papers and a notorized letter from my kids father giving permission for me to move them to the US