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problems with my fiances' child's biological father....

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Hello everyone,

I'm looking for help and suggestions with a problem that has come up while obtaining my fiances k-1 visa. Her daughters biological father won't consent to the child moving with her mother to the U.S.. This guy doesn't provide any support for this child and see's the child 2 or 3 times a year. He doesn't want to consent to the child moving here. He has no problem with her traveling on a tourist visa and already helped acquire a passport for the child.

Has anyone dealt with this issue? I'm wondering if there are any legal remedies for this situation? I would be so very grateful for help and/or suggestions. He is listed as the father on the child's birth certificate.

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Usually on here the Mother was not married and the issue does not arise. Legitimate, I assume a court order.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Were the mother and father married when he child was born? Although I am not sure that matters in Canada, as the father would still have rights to the child, I think it matters in PI

Good luck


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Hello everyone,

I'm looking for help and suggestions with a problem that has come up while obtaining my fiances k-1 visa. Her daughters biological father won't consent to the child moving with her mother to the U.S.. This guy doesn't provide any support for this child and see's the child 2 or 3 times a year. He doesn't want to consent to the child moving here. He has no problem with her traveling on a tourist visa and already helped acquire a passport for the child.

Has anyone dealt with this issue? I'm wondering if there are any legal remedies for this situation? I would be so very grateful for help and/or suggestions. He is listed as the father on the child's birth certificate.

Many have had this issue.

His relationship with the child wont matter to the embassy. The fact that the bio father is around will be enough.

Legal remedies? I am not experienced in that area when it comes to the P I but in most countries a court order would be one way to avoid the father possibly.

In Thailand most non supporting fathers simply want money. The kid is a cash buffalo.

Others with direct P I experience will provide more info I am sure.

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**** Moving from Introductions to Philippines Regional forum for country specific answers *****


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Knowing the age of the child as well as the legitimacy of the birth (i.e., marital status of mother and father) would be helpful in identifying relevant PI law regarding child custody.

Generally speaking, the PI legal system is not very father-friendly. It is likely, depending on knowing the information identified above, that the father may have no legal rights whatsoever.

With that said, even if the mother can legally do whatever she wants, you should be very careful in how this plays out as it will effect the future relationship the girl has with you and her mother. Sometimes flexing legal remedies without considering the future impact on the child is not the best thing to do. Tread carefully.

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The child is a product of two people, each has a right to that child , to think you can just decide you want to move the child to the US with no thought to the other parent is terrible. You should approach the other parent with a co parenting arrangement before you effectively kidnap the child.


This will not be over quickly. You will not enjoy this.

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For an illegitimate child (parents not married) in the Philippines, mother has automatic sole and full custody. She can bring the child to the US and there's nothing needed from the father.

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Knowing the age of the child as well as the legitimacy of the birth (i.e., marital status of mother and father) would be helpful in identifying relevant PI law regarding child custody.

Generally speaking, the PI legal system is not very father-friendly. It is likely, depending on knowing the information identified above, that the father may have no legal rights whatsoever.

With that said, even if the mother can legally do whatever she wants, you should be very careful in how this plays out as it will effect the future relationship the girl has with you and her mother. Sometimes flexing legal remedies without considering the future impact on the child is not the best thing to do. Tread carefully.

I love your thoughts in the last paragraph. You are a great human being.

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Hello everyone,

I'm looking for help and suggestions with a problem that has come up while obtaining my fiances k-1 visa. Her daughters biological father won't consent to the child moving with her mother to the U.S.. This guy doesn't provide any support for this child and see's the child 2 or 3 times a year. He doesn't want to consent to the child moving here. He has no problem with her traveling on a tourist visa and already helped acquire a passport for the child.

Has anyone dealt with this issue? I'm wondering if there are any legal remedies for this situation? I would be so very grateful for help and/or suggestions. He is listed as the father on the child's birth certificate.

Apple gave you the correct answer. The mother has sole custody of the child, nothing is needed from the father.


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Apple gave you the correct answer. The mother has sole custody of the child, nothing is needed from the father.

Except that the legitimacy of the birth remains unknown at the moment. It's a strong assumption that the birth is illegitimate, but,nonetheless, an assumption is all it is for now.

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Except that the legitimacy of the birth remains unknown at the moment. It's a strong assumption that the birth is illegitimate, but,nonetheless, an assumption is all it is for now.

The is the Philippines doesn't matter, mother ALWAYS has sole custody, unless the court deems otherwise.


Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

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Here is the legal definition. Apple and Hank are correct in their advice.

EXECUTIVE ORDER NO. 209

THE FAMILY CODE OF THE PHILIPPINES July 6, 1987

Chapter 3. Illegitimate Children

Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent. (289a)

Art. 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. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force. (287a)


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