Possible complications ..advice needed ..

[bruce]

jeez this connection here at my fiancee house in the philippines is so sloooow ..back to the good old days of dial up lol ...

ok here goes ..my fiancee has a 2yr old son, she has never been married but did agree with the father that the son could have his fathers surname..at the time of birth she still beleived her sons father was going to marry her ...

although the father does on occasions spend some time with his son he does not support him ...i have been supporting her son since we met 12 months ago ...

we plan to marry here in the philippines then try to obtain a spouse visa ...

my concerns are reference the son because he has his fathers surname ...

does his father have any rights ?

will there be any problems in obtaining visa for son ?

any advice or help reference obtaining visa for son would be most appreciated ...

thanks in advance ..

[eljean]

Not really co'z obviously the kids father is not supporting him and if you can prove that they have been separated for ages ago so, that will be ok i guess,the father can't do any objection to that unless he is supporting he's kid or have an open communication with him so there's no prolem with that.....but,if he has then i guess you need a consent from him that's all.
btw,in the philippines family law, you can use now the father,s surname even if your'e not married.hope it helps

[Florge]

no complications... would be complicated if they have been married...

The son is illegitimate and is under the mother's custody, so there shouldn't be a problem.. the father can't do anything.

[bruce]

thanks for the replies, its looking like all will be ok ...any other comments would be appreciated ...

[trader dave]

there is one complcation if he knows you are a RICH FOREIGHER he may object to sign anything unless the piso is given his way

[bruce]

there is one complcation if he knows you are a RICH FOREIGHER he may object to sign anything unless the piso is given his way

will we need him to sign anything? ..this i know will cause us problems ...his family want the son to remain in the philippines ...

[Sophie]

will we need him to sign anything? ..this i know will cause us problems ...his family want the son to remain in the philippines ...

Why would his family demand that his son remain in the philippines, i don't think they can do that,
specially with what you just said that the father never really supported the kid, so you just have to establish and prove that in court.....

[joebloggs]

its not the phils gov that will be giving him a visa to live in the uk, its the British embassy, so phil law has little to do with it

sure she might have custody and sole responsibility, but if his father/family protested about the son leaving to the embassy it could cause some problems. last thing the embassy want is to be stuck in the middle of a fight btw 2 parents or families..

is the father mentioned on his birth cert ?
you mention he sees his son how often ?

[IainBusby]

will we need him to sign anything? ..this i know will cause us problems ...his family want the son to remain in the philippines ...

If I were you I would just apply for the visa, state that she has full parental responsibility for her son, that the childs father does not support him in any way, hasn't been in contact since shortly after the child was born and that his whereabouts are uknown.

If you actually get in touch with the father or his family and tell him or them of your intentions, it's likely to cost a packet, so if it's at all possible, just keep very quiet about your plans, apply for the visa and see how it goes.

[joebloggs]

hasn't been in contact since shortly after the child was born and that his whereabouts are uknown.

might not be so straight forward, if he is named on the birth cert.

a problem with that if the embassy find the father or member of his family and if the embassy realise this is not true, tell a lie then wave your visa goodbye.. trying to obtain a visa by deception .. i'm not saying this would happen, but you have to realise the worse case scenario and the results of your actions.

if he is named on the birth cert, can you not buy the father off and get him to write a letter stating he wishes his son to join his mother and live in the uk ? is your g/f on talking terms with him ?