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Full custody over an Illegitimate child to acquire visa

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RiaBell


Arresto Menor
The Embassy requires a full custody over my 3 yrs old son to apply for a visa. I was not married to the father but he acknowledge my son on the birth certificate. My son stays with my family and I ever since. What should I do?

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attyLLL


moderator
ask the embassy if they will accept an affidavit of sole custody. some countries will accept that. if not what document will they accept?

this is a bit stupid of the other country because our laws plainly state that the mother of an illegitimate child has sole parental custody and authority over the child.


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RiaBell


Arresto Menor
I already gave an afidavit of full custody,affidavit of consent to travel and an affidavit of illegitimacy with a copy of the family code 176 all in red ribbon by DFA but was rejected.

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levie


Arresto Menor
RiaBell wrote:I already gave an afidavit of full custody,affidavit of consent to travel and an affidavit of illegitimacy with a copy of the family code 176 all in red ribbon by DFA but was rejected.


Please let me know what happen my friend,coz we have the same situation..thankyou..e mail me at lvhd1823@yahoo.com

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attyLLL


moderator
what embassy is this?

that's what i mean by this foreign government being too know it all. however, ranting against any government has never been too effective, and compliance is better.

i'm having trouble telling you what petition to file in court, because none is necessary. racking my brain, what comes to mind is filing a petition against the father. i'll be glad not to be your lawyer if only to avoid having to look stupid before the judge.


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flawn


Arresto Menor

hi i hope you could help me on this.... i'm a single parent to my daugther who is now 12 years old, her father and i separated when she was 4 months old and since then we did not communicate and i did not recieve any financial support coming from him and his family... now i'm married with a 3 yrs old daughter and we are planning to migrate in Australia... Do i still need to have a consent with his biological father in order for my illigitimate daughter to get out of the country with us? coz even my 12 years old daughter dont know him at all. Pls... help me on this thanks.

p.s. the biological father of my 12 yrs old has an acknowlegement of paternity and also signed informant at her birth cert. but totaly no support and no communication 12 years now.

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attyLLL


moderator
flawn, sorry but I'm not aware of the requirements of the Australian government. the best thing you can do is inquire with their embassy or forums regarding immigrants there.


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8 full custody requirement on Sun Jul 03, 2011 1:55 pm

dmalj


Arresto Menor
i've been through this..im already here in australia since 2008..i've filed a sole custody case on the court to be able to get the court order..it was a bit expensive and took me more than a year..in the end the embassy gave me and my son a visa without the court order..what a joke!! they just want u to spend money and waste time..get stressed before they give in...

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dmalj


Arresto Menor
anyone who wants to know more about what to do just let me know i'll be happy to be of help...gudluck..

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dmalj


Arresto Menor
MOst of the time the embassy will only re consider ure application if u keep on calling them to follow up ure papers otherwise they'll let u waste time waiting..keep arguing ure case till they give in..send a letter to ure case officer questioning their position on this and demand y they r not acknowledging the phil law.

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attyLLL


moderator
Hello dmalj, what steps did you take to finally convince the embassy? was that here in the philippines or in australia? please give more details of your experience for the benefit of everyone here.


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rich_richie


Arresto Menor
Hi need your advice. I am a single mom to a 2 yr old daughter. She is illegitimate child and using her dad's surname. We are not married. But he is supporting our child. And i am going to get married to a foreign guy and planning to bring my child with me. Do i need her dad's travel consent for her to travel with me? The dad is also an american citizen and married already there. Is it possible for me to bring my child with me without the dad's consent to travel?

Help please. thank you...

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attyLLL


moderator
two sides to your question. first, under PH law, there is no impediment because you are the one with sole parental authority over an illegit child.

as for US law, you should request your bf to make an inquiry with a US attorney.


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