USC Father wants to get sole custody of my 5 year old daughter in Philippines and bring to USA

[maynoc 0]

Hi there, 

I'm a US Citizen, and my 5 year old daughter is in the Philippines (Bacolod). On her NSO birth certificate, my name is on the birth certificate as the Father, and my daughter is using my surname, and her mother's surname as her middle name. 

In 2014, I was in Manila to do her CRBA for US Citizenship. In short, my daughter's mom refused to go with us to the US Embassy and the consulate office denied my case since they needed the mother to be present and to submit a DNA test. A few days later, I find out my ex was not only cheating on me but was pregnant. I ended the relationship that day I found out. My ex-girlfriend's mother was so upset at her daughter. Anyway, after I left back to the US , my daughter's grandmother said that her daughter did not come back home ever since I left back to the US. About 3 weeks passed and still my daughter's mother still did not come home. Her grandmother was the only one taking care of her. I provided all financial support ever since then and still do today. My daughter's mother was living with her boyfriend and ended up giving birth later that year in 2014 and she got pregnant again 6 months later and had a second child with her boyfriend. In 3 years time, she has provided no financial support and has not taken care of our daughter. 

 

What is the best way for me get my daughter here? Can I file for sole custody for my daughter even though I'm not a Filipino citizen? 

How can I get this done in a way that the US Embassy will allow her to come to the US?

Obviously, her mother is out of the picture, but I know she will not go with me to the US Embassy back in Manila to finish the CRBA process again. 

I know that I legally have half custody of my daughter according to Article 176 of Executive Order No. 209, otherwise known as the Family Code of the Philippines

https://www.lawphil.net/statutes/repacts/ra2004/ra_9255_2004.html

 

Anyway, if anyone can help me on how best to proceed, I would be very grateful. Thanks.

[You Don't Know Me 6]

Offer the mother money to complete the CRBA process. Don't pay her until after the embassy visit obviously.

[maynoc 0]

i considered this, but she won't...she has 2 babies and job at a call center. she would not be able to make the trip to Manila and would lose her job. apparently, she's not with her BF anymore and is living with her sister who also works. 

[Hank_ 9,171]

8 hours ago, maynoc said:

Hi there, 

I'm a US Citizen, and my 5 year old daughter is in the Philippines (Bacolod). On her NSO birth certificate, my name is on the birth certificate as the Father, and my daughter is using my surname, and her mother's surname as her middle name. 

In 2014, I was in Manila to do her CRBA for US Citizenship. In short, my daughter's mom refused to go with us to the US Embassy and the consulate office denied my case since they needed the mother to be present and to submit a DNA test. A few days later, I find out my ex was not only cheating on me but was pregnant. I ended the relationship that day I found out. My ex-girlfriend's mother was so upset at her daughter. Anyway, after I left back to the US , my daughter's grandmother said that her daughter did not come back home ever since I left back to the US. About 3 weeks passed and still my daughter's mother still did not come home. Her grandmother was the only one taking care of her. I provided all financial support ever since then and still do today. My daughter's mother was living with her boyfriend and ended up giving birth later that year in 2014 and she got pregnant again 6 months later and had a second child with her boyfriend. In 3 years time, she has provided no financial support and has not taken care of our daughter. 

 

What is the best way for me get my daughter here? Can I file for sole custody for my daughter even though I'm not a Filipino citizen? 

How can I get this done in a way that the US Embassy will allow her to come to the US?

Obviously, her mother is out of the picture, but I know she will not go with me to the US Embassy back in Manila to finish the CRBA process again. 

I know that I legally have half custody of my daughter according to Article 176 of Executive Order No. 209, otherwise known as the Family Code of the Philippines

https://www.lawphil.net/statutes/repacts/ra2004/ra_9255_2004.html

 

Anyway, if anyone can help me on how best to proceed, I would be very grateful. Thanks.

 

You don't have half custody of the child, you could have some sort of rights,  but you don't without a court action.   The mother has sole custody of the child.  

 

Basically you can't do jack-S*   

 

I commend you for caring for your daughter .. 

Edited January 23, 2019 by Hank_

[AKteacher 101]

In Philippines, the mother has sole custody by default until age 7, except in cases of abandonment, gross negligence, etc. You could file for custody through the courts, but it's a long process (based on my own personal experience).

 

https://pnl-law.com/blog/basic-issues-in-child-custody/

Edited January 23, 2019 by AKteacher
typo

[EliAnon 42]

Sounds like you're gonna have to go down there hombre.... Sucks, and I commend for the love for your daughter. I would go down there, and do what I needed to get my daughter.

 

Edit: Not saying this is a cheap or easy option, no one ever including yourself said this was going to be easy.

Edited January 23, 2019 by EliAnon

[maynoc 0]

thanks for the comments guys

9 hours ago, Hank_ said:

 

You don't have half custody of the child, you could have some sort of rights,  but you don't without a court action.   The mother has sole custody of the child.  

 

Basically you can't do jack-S*   

 

I commend you for caring for your daughter .. 

I believe I do based on Article 176. A lawyer in the PI pointed this out to me. The thing is though I'm not exactly sure how to take full advantage of this to get my daughter here. 

 

[maynoc 0]

2 hours ago, EliAnon said:

Sounds like you're gonna have to go down there hombre.... Sucks, and I commend for the love for your daughter. I would go down there, and do what I needed to get my daughter.

 

Edit: Not saying this is a cheap or easy option, no one ever including yourself said this was going to be easy.

Thanks, yea, i'm going there in April to spend time with her and to see what else I can do. I'd like to do as much as I can before I go there though. And I'll need a lawyer it seems who knows how to work w/ the US Embassy on such matters. 

[maynoc 0]

5 hours ago, AKteacher said:

In Philippines, the mother has sole custody by default until age 7, except in cases of abandonment, gross negligence, etc. You could file for custody through the courts, but it's a long process (based on my own personal experience).

 

https://pnl-law.com/blog/basic-issues-in-child-custody/

Did you have a very similar experience to me? How long did it take? And was the mother of your child not caring at all for your child? 

[payxibka 10,044]

30 minutes ago, maynoc said:

Thanks, yea, i'm going there in April to spend time with her and to see what else I can do. I'd like to do as much as I can before I go there though. And I'll need a lawyer it seems who knows how to work w/ the US Embassy on such matters. 

The initial decision is not up to the Embassy.  You must first fulfill the requirements of Philippines law and then the Embassy will follow

[maynoc 0]

5 minutes ago, payxibka said:

The initial decision is not up to the Embassy.  You must first fulfill the requirements of Philippines law and then the Embassy will follow

It will be both. The Philippines needs to address my custody issues in a way that the US Embassy/Immigration will recognize and accept for immigration and/or citizenship purposes. 

[Hank_ 9,171]

2 hours ago, maynoc said:

thanks for the comments guys

I believe I do based on Article 176. A lawyer in the PI pointed this out to me. The thing is though I'm not exactly sure how to take full advantage of this to get my daughter here. 

 

Nothing in Article 176 gives you any custodial claim to the child.   

 

The first part you highlighted only refers to the child being allowed to have your surname if YOU sign the BC .

 

The second part you highlighted refers to the child having inheritance rights of YOUR estate, as noted one-half of the amount that a legitimate child would have right to.

 

legitime (legitima portio), also known as a forced share or legal right share, of a decedent's estate is that portion of the estate from which he cannot disinherit his children, or his parents, without sufficient legal cause.

Edited January 23, 2019 by Hank_

[maynoc 0]

3 hours ago, Hank_ said:

Nothing in Article 176 gives you any custodial claim to the child.   

 

The first part you highlighted only refers to the child being allowed to have your surname if YOU sign the BC .

 

The second part you highlighted refers to the child having inheritance rights of YOUR estate, as noted one-half of the amount that a legitimate child would have right to.

 

legitime (legitima portio), also known as a forced share or legal right share, of a decedent's estate is that portion of the estate from which he cannot disinherit his children, or his parents, without sufficient legal cause.

thanks for clarifying what that means. i wasn't too sure myself. 

[Hank_ 9,171]

If the attorney you talked with thought Article 176 gave you custodial rights .. find a better attorney.

[EliAnon 42]

Just buy your daughter lol, that *expletive* will go for money. Pay her to give custody/go through with aiding in giving you full custody. Its an option but It depends how wealthy you are. [i would say this is the nuclear option]