K2-father falsified his name on birth certificate

[murphy 0]

Hello I'm I'm unable to find anything in the forums on a search for my specific issue. I have a question whether or not I should hire an immigration lawyer or not. I am petitioning my Filipino fiance and her four-year-old child, but the father falsified the childs birth certificate, didn't use his first name used only his middle name, and misspelled his last name badly. We think it was obviously intentional because he had also denied that it was his daughter for a couple years. I can't find any discussions towards the steps we need to take before filing and risking getting denied or delayed because of this. This also leaves me with many questions that make me wonder if I need to hire a service or a lawyer team instead of doing all the paperwork myself .

1. He and I both live in the United States, so if she comes over with the wrong name would he still have rights to her if he ask for custody and tries to pay child support ?

2. Would I be able to adopt her because he is not legally her father on the birth certificate?

3. Should my fiance go get her daughters name changed to the proper spelling, and the father's name corrected on the birth certificate before we file K1 and K2? We don't want or need his support once they are here in the US.

Thank you I had a time to anyone that can offer me help here really coming up empty with all my searches on this specific issue.

[Greenbaum 12,260]

15 minutes ago, murphy said:

Hello I'm I'm unable to find anything in the forums on a search for my specific issue. I have a question whether or not I should hire an immigration lawyer or not. I am petitioning my Filipino fiance and her four-year-old child, but the father falsified the childs birth certificate, didn't use his first name used only his middle name, and misspelled his last name badly. We think it was obviously intentional because he had also denied that it was his daughter for a couple years. I can't find any discussions towards the steps we need to take before filing and risking getting denied or delayed because of this. This also leaves me with many questions that make me wonder if I need to hire a service or a lawyer team instead of doing all the paperwork myself .

1. He and I both live in the United States, so if she comes over with the wrong name would he still have rights to her if he ask for custody and tries to pay child support ?

2. Would I be able to adopt her because he is not legally her father on the birth certificate?

3. Should my fiance go get her daughters name changed to the proper spelling, and the father's name corrected on the birth certificate before we file K1 and K2? We don't want or need his support once they are here in the US.

Thank you I had a time to anyone that can offer me help here really coming up empty with all my searches on this specific issue.

1. I am not a lawyer but the family code of the Philippines states that the mother has all rights to the wellbeing and upbringing for the illegitimate child. I believe that Filipino law will trump his attempt to drop back into the child's life. http://www.chanrobles.com/executiveorderno209.htm#.WVxkkqaWzcc

2. Yes you can adopt her. But only after you straighten out the BC.

3. Yes she will need to correct the BC as she will have problems with a passport and the child will need a passport. The process is going to be time consuming, expect about a year and the possibility that the legal costs will be somewhere between 85k-100K pesos.

 

For more help or questions head on over to the Filipino Forum where there are many of us that can help answer your questions. http://www.visajourney.com/forums/forum/129-philippines/

 

[Boiler 47,716]

Child could be a USC

[Ryan H 3,923]

Moved from K1 Process & Procedures to Philippines regional forum.

[Greenbaum 12,260]

1 minute ago, Boiler said:

Child could be a USC

Your right. I assumed differently. OP can you give an idea if the father was a US citizen as this can change things.

[murphy 0]

26 minutes ago, Greenbaum said:

Your right. I assumed differently. OP can you give an idea if the father was a US citizen as this can change

 

Yes, he is a US citizen.

 

Edited July 5, 2017 by murphy

[Hank_ 9,174]

8 hours ago, murphy said:

Hello I'm I'm unable to find anything in the forums on a search for my specific issue. I have a question whether or not I should hire an immigration lawyer or not. I am petitioning my Filipino fiance and her four-year-old child, but the father falsified the childs birth certificate, didn't use his first name used only his middle name, and misspelled his last name badly. We think it was obviously intentional because he had also denied that it was his daughter for a couple years. I can't find any discussions towards the steps we need to take before filing and risking getting denied or delayed because of this. This also leaves me with many questions that make me wonder if I need to hire a service or a lawyer team instead of doing all the paperwork myself .

1. He and I both live in the United States, so if she comes over with the wrong name would he still have rights to her if he ask for custody and tries to pay child support ?

2. Would I be able to adopt her because he is not legally her father on the birth certificate?

3. Should my fiance go get her daughters name changed to the proper spelling, and the father's name corrected on the birth certificate before we file K1 and K2? We don't want or need his support once they are here in the US.

Thank you I had a time to anyone that can offer me help here really coming up empty with all my searches on this specific issue.

The mother has sole custody of the child - in the Philippines, as Greenbaum noted.      Does the birth certificate notate that the father is a USC?    Can Of Worms

 

Can her surname be changed?  I found this info:  https://legalcounseling.wordpress.com/category/family-law/surnames-of-illegitimate-children/

 

 

[murphy 0]

1 hour ago, Hank_ said:

The mother has sole custody of the child - in the Philippines, as Greenbaum noted.      Does the birth certificate notate that the father is a USC?    Can Of Worms

 

Can her surname be changed?  I found this info:  https://legalcounseling.wordpress.com/category/family-law/surnames-of-illegitimate-children/

 

 

yes it does state the father is a US citizen. Although the last name he put down for the birth certificate is spelled incorrectly. Not the same as his actual last name

[Hank_ 9,174]

4 minutes ago, murphy said:

yes it does state the father is a US citizen. Although the last name he put down for the birth certificate is spelled incorrectly. Not the same as his actual last name

Read the cans of worms link.   There was a situation like that in the Philippines also, but I couldn't find the post so I grabbed that one.

[Eric-Pris 1,607]

10 hours ago, murphy said:

1. He and I both live in the United States, so if she comes over with the wrong name would he still have rights to her if he ask for custody and tries to pay child support ?

This is just an opinion-- I think that unless the mother has a court order giving her full custody, I would think that a simple DNA test in the US would give him parental rights, regardless of what the birth certificate says.

[Hank_ 9,174]

1 minute ago, Eric-Pris said:

This is just an opinion-- I think that unless the mother has a court order giving her full custody, I would think that a simple DNA test in the US would give him parental rights, regardless of what the birth certificate says.

In the Philippines the mother has full custody in this situation... not a court issue, DNA or no DNA.

[Boiler 47,716]

However in the US things are different and the issue is bring the child to the US.

[murphy 0]

thank you for the information. still cant find clarification IF we should get the childs name changed for this situation. Or if we should get an attourney? Seems like I should clear up this issue up before doing the k1. 

[Boiler 47,716]

Both

[murphy 0]

1 hour ago, Boiler said:

Both

thank you. recommendations for a good immigration attourmey or service?