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Ms.M

consent of my ex for my daughter

By Ms.M in Philippines

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Ms.M Collaborator

Ms.M   4

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Filed: Lift. Cond. (pnd) Country: Philippines
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good day! i need an advice.. Hope u can help me.. do i need to get a consent of the father of my daughter.. We are not married, and since we seperated he didn't contact us or have an effort to see his daughter.. And now i dont know where he is and never heard from him, 2 and half yrs.. My daughter is 3yrs.old and she carry the surname of her bio father and her father signed in to the birthcertificate...

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lynie12 Contributor

lynie12   0

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Filed: FB-2 Visa Country: Philippines
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good day! i need an advice.. Hope u can help me.. do i need to get a consent of the father of my daughter.. We are not married, and since we seperated he didn't contact us or have an effort to see his daughter.. And now i dont know where he is and never heard from him, 2 and half yrs.. My daughter is 3yrs.old and she carry the surname of her bio father and her father signed in to the birthcertificate...

NO! Below 7 years of age the custody of the child/children is at the mother.

Edited by lynie12
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LongRX7 Contributor

LongRX7   6

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Filed: K-1 Visa Country: Philippines
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Please keep this updated, I'll be subscribing to this topic. My fiancee/benficiary has a 4 yr old son also. They were never married. I like Lynie12's resounding "NO!". Hope that is true. Good luck on the interview...hoping we'll get an interview soon....

May 2010 Visited Cynthia in the Philippines
08/10/2010 I-129F mailed to Lewisville, TX address (used Express Mail via USPS)
08/12/2010 Arrived at Dallas location and signed by B McBride
08/14/2010 NOA1 (via txt message & email)
08/17/2010 Touched (check clears)
08/18/2010 Receive NOA1 hardcopy
Nov 2010 Visited Cynthia in the Philippines...Hoping my next visit will be to bring her back with me...
01/26/2011 On January 26, 2011, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E). (NOA2
02/03/2011 Received NOA2 hard copy in mail
03/28/2011 Interview Date scheduled
03/17/2011 Interview Cancelled by SLEC due to "possible" findings on x-ray
03/25/2011 Skin test negative, smear test negative for TB, BUT still mandatory sputum test delay 8 Weeks
05/17/2011 Sputum results NEGATIVE Whoohoo...but I think the x-ray results need some work or some better way of detecting it
06/01/2011 Interview and VISA APPROVED!!!!
06/08/2011 Visa Received!!!
06/13/2011 USA Bound!!!
06/14/2011 Reunited smile.png
07/23/2011 Married

10/12/2012 I-485 and EAD

12/10/2012 Biometrics/Fingerprints

12/24/2012 EAD card arrives

06/26/2013 filed Service Request

08/21/2013 AOS approved

08/29/2013 10 YEAR Green Cards Delivered!

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lynie12 Contributor

lynie12   0

Posted
Filed: FB-2 Visa Country: Philippines
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Please keep this updated, I'll be subscribing to this topic. My fiancee/benficiary has a 4 yr old son also. They were never married. I like Lynie12's resounding "NO!". Hope that is true. Good luck on the interview...hoping we'll get an interview soon....

i will also bring my son to the us and the DSWD staff advise me that i wont be needing a travel clearance and consent from the father though were living together.

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Pinay Wife Proficient

Pinay Wife   47

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Filed: Lift. Cond. (apr) Country: Philippines
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Posted (edited)

Please keep this updated, I'll be subscribing to this topic. My fiancee/benficiary has a 4 yr old son also. They were never married. I like Lynie12's resounding "NO!". Hope that is true. Good luck on the interview...hoping we'll get an interview soon....

We have a pinned thread called "Some Useful Links" started by SunandMoon. The pinned thread is on top of the PI Forum. Check it out. Lots of info there. Two of them are:

RA 9255 (Law on Mother's Parental AuthorityOver IllegitimateChildren / Can I Bring My Child To the US Without Father'sConsent? http://www.lawphil.n..._9255_2004.html

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."

DSWD Travel Clearance for Minors: http://www.dswd.gov....nce-for-minors-

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.

Edited by Pinay Wife
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lynie12 Contributor

lynie12   0

Posted
Filed: FB-2 Visa Country: Philippines
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Posted

We have a pinned thread called "Some Useful Links" started by SunandMoon. The pinned thread is on top of the PI Forum. Check it out. Lots of info there. Two of them are:

RA 9255 (Law on Mother's Parental AuthorityOver IllegitimateChildren / Can I Bring My Child To the US Without Father'sConsent? http://www.lawphil.n..._9255_2004.html

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."

DSWD Travel Clearance for Minors: http://www.dswd.gov....nce-for-minors-

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.

this is the exact article that was given to me by the DSWD staff when i am securing a travel clearance for my son. :thumbs:

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tallcoolone Experienced

tallcoolone   102

Posted
Filed: Lift. Cond. (apr) Country: Philippines
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Posted

NO! Below 7 years of age the custody of the child/children is at the mother.

Sound like kidnapping a child under age 7 is very easy in PI

Crazy law in my opinion.......

youregonnalovemynutsf.jpg

"He always start the fire here in VJ thread and I believe all people will agree with me about it"

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