US passport under Child Citizenship Act 2000 pending

[superjett 0]

Good day to all members, Please, I need some help regarding my case.

Maybe one of you had the same situation.

I am a naturalized USC. Has minor child (his Filipino dad and i were never married) and under CCA of 2000, he is automatically a USC so i applied for a passport for him a month and a half ago, but the Dept of State sent a letter (attached on this topic) that i need a custody decree or a statement from a competent authority that my country pressumes that i have my minor son's legal custody.

I even went to the Philippines and let his dad sign the form DS 3053 allowing our son to apply for passport without his presence at the acceptance agent.

My question is?

1. How can i get a custody decree? I attached also the copy Family code of the Phils (I also attached on thistopic) and highlighted it in red that all illegitimate children will be under the parental authority of their mother.

2. If it is not possible to get a custody decree, WHO is the competent authority that can help me prove that I have the legal custody of my minor child and how can i obtain a letter from him?

Thank you very much for taking time to read my post.

[kris&me 572]

I had replied before to someone wanting to bring wife's child from pHillipines and was told father did not have to give permission / only the woman not put the father's name on birth certificate . but what you are running into now is the real problem you need a custody degree from either the phillipines or family court in the US

I would check with family court here first to see if they can help with the documents you already have from the father. even women with no man listed as the father have this issue. It is a matter of paternal rites in the US even if not from your country. If family court lets you petition for full custody of your own son, you are set.

If not, need a lawyer and the court in Phillipines to do this

[superjett 0]

I had replied before to someone wanting to bring wife's child from pHillipines and was told father did not have to give permission / only the woman not put the father's name on birth certificate . but what you are running into now is the real problem you need a custody degree from either the phillipines or family court in the US

I would check with family court here first to see if they can help with the documents you already have from the father. even women with no man listed as the father have this issue. It is a matter of paternal rites in the US even if not from your country. If family court lets you petition for full custody of your own son, you are set.

If not, need a lawyer and the court in Phillipines to do this

[superjett 0]

KrisMe thank you for the response.

My child and I have been in the US together for like more than 7 years now and obviously, i have been his custodian or guardian since he was born although there is no formal declaration in legal writing because in the Phils it is just like that, mothers have the children when they are born out of wedlock. His dad is on his birth certificate and signed it that is why i flew there and obtained his signature for DS 3053 thinking it would be enough to get him US passport.

I just need to know if anyone here had the same situation? Should i fly to our Embassy in WA? Is there anybody there that can help me?

If i go to Certificate of Citizenship route, are they gonna ask the same requirements?

Thank you.

[Alaska2012 462]

I butted head for a while with dept of state. They didn't want to recognize the document I had from sweden stating I have sole custody. In sweden you don't get court papers and such so I printed out various legal documents that show that per swedish law that is all that's necessary. Eventually they agreed to give my son his passport.

Superjett, it doesn't matter if you do the n-600 for your kid. The passport issue will remain.

[Hank_ 9,173]

Good day to all members, Please, I need some help regarding my case.

Maybe one of you had the same situation.

I am a naturalized USC. Has minor child (his Filipino dad and i were never married) and under CCA of 2000, he is automatically a USC so i applied for a passport for him a month and a half ago, but the Dept of State sent a letter (attached on this topic) that i need a custody decree or a statement from a competent authority that my country pressumes that i have my minor son's legal custody.

I even went to the Philippines and let his dad sign the form DS 3053 allowing our son to apply for passport without his presence at the acceptance agent.

My question is?

1. How can i get a custody decree? I attached also the copy Family code of the Phils (I also attached on thistopic) and highlighted it in red that all illegitimate children will be under the parental authority of their mother.

2. If it is not possible to get a custody decree, WHO is the competent authority that can help me prove that I have the legal custody of my minor child and how can i obtain a letter from him?

Thank you very much for taking time to read my post.

From the letter you were sent.

3rd item down on the list; a letter from an attorney stating by statue you have legal custody and attach a copy of the statue that states this.

[superjett 0]

Thank you Alaska2012

And Hank, Attorney? I need to get one from here like a Filipino Attorney here in the US? Or one from the Philippines?

Thank you.

[Hank_ 9,173]

Thank you Alaska2012

And Hank, Attorney? I need to get one from here like a Filipino Attorney here in the US? Or one from the Philippines?

Thank you.

An attorney in the Philippines. You need the attorney to write a letter affirming what the statue says, then include a copy of the statue with the letter. Most any attorney in the Phils should be able to handle it.

[danver 15]

Good day to all members, Please, I need some help regarding my case.

Maybe one of you had the same situation.

I am a naturalized USC. Has minor child (his Filipino dad and i were never married) and under CCA of 2000, he is automatically a USC so i applied for a passport for him a month and a half ago, but the Dept of State sent a letter (attached on this topic) that i need a custody decree or a statement from a competent authority that my country pressumes that i have my minor son's legal custody.

I even went to the Philippines and let his dad sign the form DS 3053 allowing our son to apply for passport without his presence at the acceptance agent.

My question is?

1. How can i get a custody decree? I attached also the copy Family code of the Phils (I also attached on thistopic) and highlighted it in red that all illegitimate children will be under the parental authority of their mother.

2. If it is not possible to get a custody decree, WHO is the competent authority that can help me prove that I have the legal custody of my minor child and how can i obtain a letter from him?

Thank you very much for taking time to read my post.

My kids were using my x Last name on their Birth certificate but we were not legally married. If the kids are illegitimate,,the mother has the sole custudy of the kids. . Whe n I got naturalized I did not have any problem getting my kids their US Passport. Try getting one at the authorized Post office that issues passport coz that's where I got mine and my kid's US passport.

[jm17 0]

Good day to all members, Please, I need some help regarding my case.

Maybe one of you had the same situation.

I am a naturalized USC. Has minor child (his Filipino dad and i were never married) and under CCA of 2000, he is automatically a USC so i applied for a passport for him a month and a half ago, but the Dept of State sent a letter (attached on this topic) that i need a custody decree or a statement from a competent authority that my country pressumes that i have my minor son's legal custody.

I even went to the Philippines and let his dad sign the form DS 3053 allowing our son to apply for passport without his presence at the acceptance agent.

My question is?

1. How can i get a custody decree? I attached also the copy Family code of the Phils (I also attached on thistopic) and highlighted it in red that all illegitimate children will be under the parental authority of their mother.

2. If it is not possible to get a custody decree, WHO is the competent authority that can help me prove that I have the legal custody of my minor child and how can i obtain a letter from him?

Thank you very much for taking time to read my post.

[jm17 0]

Is your minor child is with you in US? If so you can file for your child the N-600 (application for Certificate of Citizenship) and show it as evidence for application for passport. One of the requirements for CCA is the child must be lawfully admitted to the U.S.

[Alaska2012 462]

Jm17 even with an approved n-600 the passport issue remains. You must either prove sole custody or have passport paper signed by the other parent.

[Bart R. 1]

Hi superjett, did you resolve the passport situation for your son?  If so, did you have to get a custody order from a court or did you use some other kind of documentation?  My wife is in a similar situation, and we're hoping she can avoid the expense of a lawyer.  The notion that a mother wouldn't be presumed to have legal custody of her own kids is maddening...