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child with 2 birth certificate

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1 child with 2 birth certificate on Sun Mar 08, 2015 10:50 am

ragz3


Arresto Menor
I have a question regarding a validity of a birth certificate . . . I have a Filipina friend here in America, I am helping her with custody and divorce battle against her estrange husband. She lives with us right now, she doesn't have any family here.

Anyway, she have a daughter before she met the American guy. The child have birth certificate already when she was born. When my friend and the American guy met in person discussed already that he will petition them ( my friend and her daughter ). The American guy suggested to register the child with new birth certificate with his name on it as the father, that way it will be easier for him to petition them. To make the story short, he petitioned them and got here in America. Unfortunately, the American guy was abusive to both and my friend decided to leave him.


The American guy filed for divorce and wants custody of the child. He lost on custody battle but he filed a motion and asking the Judge to reconsider his decision by base on the validity of the birth certificate he is holding ( the second birth certificate which his name appeared as the father of the child ) in the Philippines.


Now the child have two birth certificate. My question is, does the second birth certificate is valid in the Philippines? Keep in mind that the American guy never adopted the child. His name was only in the birth certificate under his direction for immigration purposes.


He told at the court that when he signed the birth certificate he was here in Florida in front of the notary but can't show any notary seal. So, under the Florida Law Chapter 742 he doesn't have parental rights because the document he signed was not notarized and no witnesses.


Now, if it's in the Philippines is it the same also? And if so, can you give me the law of that?


I know for a fact, the birth certificate was made under fraudulent but if someone can give me a specific code or law in the Philippines that would be great.


Thank you in advance for answering my questions, I appreciate it.

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2 Re: child with 2 birth certificate on Sun Mar 08, 2015 3:16 pm

AWV


Reclusion Perpetua
ragz3 wrote:I have a question regarding a validity of a birth certificate . . . I have a Filipina friend here in America, I am helping her with custody and divorce battle against her estrange husband. She lives with us right now, she doesn't have any family here.
Anyway, she have a daughter before she met the American guy. The child have birth certificate already when she was born. When my friend and the American guy met in person discussed already that he will petition them ( my friend and her daughter ). The American guy suggested to register the child with new birth certificate with his name on it as the father, that way it will be easier for him to petition them. To make the story short, he petitioned them and got here in America. Unfortunately, the American guy was abusive to both and my friend decided to leave him.
The American guy filed for divorce and wants custody of the child. He lost on custody battle but he filed a motion and asking the Judge to reconsider his decision by base on the validity of the birth certificate he is holding ( the second birth certificate which his name appeared as the father of the child ) in the Philippines.
Now the child have two birth certificate. My question is, does the second birth certificate is valid in the Philippines? Keep in mind that the American guy never adopted the child. His name was only in the birth certificate under his direction for immigration purposes.

Yes it is valid, as per USA law at the time they applied for a visa at the US Embassy, birth certificate will only be accepted if authenticated from NSO, in which they must have had it authenticated and this details applies on the child passport as well. Therefore its valid.

He told at the court that when he signed the birth certificate he was here in Florida in front of the notary but can't show any notary seal. So, under the Florida Law Chapter 742 he doesn't have parental rights because the document he signed was not notarized and no witnesses.

This is irrelevant because his name was written on the child birth certificate. And if the mother admitted she has committed forgery, she and her child will be automatically deported if still using Philippines passport.

Now, if it's in the Philippines is it the same also? And if so, can you give me the law of that?

They both clearly committed forgery and falsification of public documents under US and Philippines law.


I know for a fact, the birth certificate was made under fraudulent but if someone can give me a specific code or law in the Philippines that would be great.

Check this out
http://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties/1063-revised-penal-code-title-four-crimes-against-public-interest.html
http://sc.judiciary.gov.ph/jurisprudence/2000/june2000/138493.htm
http://www.chanrobles.com/republicacts/republicactno8239.html#.VPvySvmUc7c


Thank you in advance for answering my questions, I appreciate it.

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3 Re: child with 2 birth certificate on Mon Mar 09, 2015 12:52 pm

ragz3


Arresto Menor
AWV wrote:
Yes it is valid, as per USA law at the time they applied for a visa at the US Embassy, birth certificate will only be accepted if authenticated from NSO, in which they must have had it authenticated and this details applies on the child passport as well. Therefore it�s valid.

Well, under Florida step-parent doesn't have any legal rights that is why he lost in the custody battle. But, the guy filed a motion to reconsider the decision subject to the validity of the birth certificate. The mother presented the original birth certificate ( the first one ).

If the second birth certificate is valid because it is authenticated by the NSO how does it affect the validity of it if it was forged and falsified? Obviously, both the mother and American guy admitted that they made the birth certificate for immigration purposes.



He told at the court that when he signed the birth certificate he was here in Florida in front of the notary but can't show any notary seal. So, under the Florida Law Chapter 742 he doesn't have parental rights because the document he signed was not notarized and no witnesses.

This is irrelevant because his name was written on the child birth certificate. And if the mother admitted she has committed forgery, she and her child will be automatically deported if still using Philippines passport.

I understand it is irrelevant under Philippine law but under Florida law Chapter 742 step-parent doesn't have legal rights to the child. As far as deportation, it will be different battle for her which is from the immigration. For now she have to win at family court and make sure that her and her daughter will be together whether here in America or being deported.




They both clearly committed forgery and falsification of public documents under US and Philippines law. �


Does it affect the validity of the birth certificate?




Thanks for the references, I will pass it along to her lawyer.



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