Sole Custody in the Philippines

[sweetbabe 2]

hello, just want to know if anybody here from the Philippines filed a sole custody for their child. My case is, me and my kids are now a naturalized us citizen but because the child is using their biological dads last name and he is listed on their birth certificate as a father the dept of state gives them a temporary passport valid for 1 year and request me to provide a sole custody court order so the kids can get us passport without restriction. dept of state gives me 3 months to provide documentation and me and the kids will fly to the philippines next month to file a petition for sole custody. their dad sign an affidavit already giving up his right for the kids but Dept of State dont recongnize it because its not a court order. my question is, how long does it take to file sole custody in the PH.I only have 3 months to get it or my kids passport is void.Please share your information.Thanks!

[Ontarkie 13,917]

~~Moved to the Philippines forum, from Effects of Major Changes on Immigration - As this is Country specific and could use the knowledge of those familiar with this.~~

[sweetbabe 2]

~~Moved to the Philippines forum, from Effects of Major Changes on Immigration - As this is Country specific and could use the knowledge of those familiar with this.~~

how to move it to that forum?thanks

[Ontarkie 13,917]

how to move it to that forum?thanks

I moved it for you. When someone familiar with this they will come by and reply.

[sweetbabe 2]

I moved it for you. When someone familiar with this they will come by and reply.

awesome. thank you much Ontarkie

[ly2377 1]

I think you should file a Petition in a Phil court. Seek a Fil lawyer for details.

Goodluck! Update me of the result (as I have the same case)

God bless,

ly

[sweetbabe 2]

I think you should file a Petition in a Phil court. Seek a Fil lawyer for details.

Goodluck! Update me of the result (as I have the same case)

God bless,

ly

i wiil have a lawyer for sure but i just dont know how long is the process as i only have 3 months to gather the documents. i will surely post updates about the sole custody here to help other members that have same issues

[Greenbaum 12,258]

i wiil have a lawyer for sure but i just dont know how long is the process as i only have 3 months to gather the documents. i will surely post updates about the sole custody here to help other members that have same issues

I think the only one that can tell you how long will be the lawyer you hire. I wish you luck. Return back and give us the highlights that way if someone else is searching this topic they'll find your answer.

[apple21 953]

If the father signed the DS-3053, wouldn't that be enough? Unless the father is nowhere to be found.

[sweetbabe 2]

If the father signed the DS-3053, wouldn't that be enough? Unless the father is nowhere to be found.

I dont know about the DS-3053 until this time when passport agency called and ask me for this form or a sole custody court order. Kids biological dad is fugitive right now as he got busted for myth and the family bail him out and send him somewhere to hide so, i dont think i can get him to sign the DS-3053. My chances now is to file a petition for sole custody. its just sucks when kids are us citizen now and cant get a regular passport because of their biological dad is in their birth certificate and needed his signature for their US passport.

[TJMax 0]

OP, have you tried submitting form DS 5525? I read somewhere here on VJ with similar case like yours.

And i quote,

" The Form DS-5525: Statement of Exigent/Special Family Circumstances is a form that is used if one of the parents or guardians is not available to give consent.

You can submit Form DS-5525: Statement of Exigent/Special Family Circumstances if you are the applying parent and you want to explain why the non-applying parent/guardians consent could not be obtained. The statement will explain in detail the circumstances as to why the non-applying parent or guardian is unavailable.

The Form DS-5525: Statement of Exigent/Special Family Circumstances will also need to state the efforts made to contact the non-applying parent or guardian. Evidence should be given, which may include custody orders, incarceration orders, or a restraining order. These documents will help for the Form DS-5525: Statement of Exigent/Special Family Circumstances to be approved

Best of luck to you. Please let us know any update on your situation.

[apple21 953]

I dont know about the DS-3053 until this time when passport agency called and ask me for this form or a sole custody court order. Kids biological dad is fugitive right now as he got busted for myth and the family bail him out and send him somewhere to hide so, i dont think i can get him to sign the DS-3053. My chances now is to file a petition for sole custody. its just sucks when kids are us citizen now and cant get a regular passport because of their biological dad is in their birth certificate and needed his signature for their US passport.

I see. Good luck with the filing though.

[sweetbabe 2]

OP, have you tried submitting form DS 5525? I read somewhere here on VJ with similar case like yours.

And i quote,

" The Form DS-5525: Statement of Exigent/Special Family Circumstances is a form that is used if one of the parents or guardians is not available to give consent.

You can submit Form DS-5525: Statement of Exigent/Special Family Circumstances if you are the applying parent and you want to explain why the non-applying parent/guardians consent could not be obtained. The statement will explain in detail the circumstances as to why the non-applying parent or guardian is unavailable.

The Form DS-5525: Statement of Exigent/Special Family Circumstances will also need to state the efforts made to contact the non-applying parent or guardian. Evidence should be given, which may include custody orders, incarceration orders, or a restraining order. These documents will help for the Form DS-5525: Statement of Exigent/Special Family Circumstances to be approved

Best of luck to you. Please let us know any update on your situation.

i will check in to this form and see what i can do. we are leaving on the 8th of next month to do the sole custody petition. i will try to gather everything and anything that can help problem solve. thank you for the info i will keep you all posted.

[R_n_B 4]

I apologize for reviving the dead (this post) but I have a very similar situation. Son (he’s 10) and I came here on a k-1 visa in 2015. Went through the entire process to citizenship with my husband and I just had my oath two weeks ago! We went today to get passports and they made me fill out a DS-5525 for my son. The birth father lives in the Philippines, but I haven’t been in contact with him since 2012 and don’t know his exact whereabouts. I have no contact with him. We were never married but he’s on my son’s BC. Thoughts? 

[Commish10 427]

3 hours ago, R_n_B said:

I apologize for reviving the dead (this post) but I have a very similar situation. Son (he’s 10) and I came here on a k-1 visa in 2015. Went through the entire process to citizenship with my husband and I just had my oath two weeks ago! We went today to get passports and they made me fill out a DS-5525 for my son. The birth father lives in the Philippines, but I haven’t been in contact with him since 2012 and don’t know his exact whereabouts. I have no contact with him. We were never married but he’s on my son’s BC. Thoughts? 

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