child has fathers surname ..HELP PLEASE

[bruce]

my fiancee has a 2yr old son, who has his fathers surname on his birth certificate ..they never married and seperated soon after she gave birth ..

the father does see his son from time to time, although i beleive only through pressure from his mother... the only support the father has ever given is when his son is at his house, he will then buy the milk but only while his son is at his mothers house ..

i know for sure we will never get the fathers permmision to take his son to england, mainly because his mother would be telling him to object ...

i need to know where this leaves us on a legal matter ...we have decided to marry first in the philippines then apply for a spouse visa and of course we want a visa for her son to ..we both love him very much..

thanks in advance ..

[miss.piggy]

Hi Bruce...

As far as I know, if the child is only two years old (or any age below 7), the mother will take custody of the child (unless the mother is found incapable of taking care of the kid). Reading your post, I don't think their case will go far if they object and decided to bring the issue to court. Having the fathers name on the birth cert does not change the fact that your fiancee is the mother, not married to the father of the child, and hardly gets support.

[trader dave]

i totaly agree with what miss piggy has just posted


i have sort of the same stuation with my wife[she has a son ] but the fathers name is not on the birth cert] so its not an issue and our situation is some what different

i would personaly be sorting out things like getting married and getting your wife to join you in the uk because it could take at lot longer to sort out if you want both of them to join you here asap the child can always join his mother at a later date

you will have enough problems and expence just sorting her application out

[pennybarry]

Tell her to visit PAO and DFWD office in her place. She can get free legal advises in both offices.

[Mrs.JMajor]

I would rather go for legal advise or like Penny said ask your fiancee to visit the PAO office and enquire, because if the father totally abandoned the child, then he got nothing to do with the child anymore, the mere fact that the father still seeing his son, plus the fact he sign his birth cert I can smell a bit complication there, so my share is ask your fiancee to visit the PAO office, its free to ask a question to them like that, Good luck

[joebloggs]

Tell her to visit PAO and DFWD office in her place. She can get free legal advises in both offices.

I would rather go for legal advise or like Penny said ask your fiancee to visit the PAO office and enquire, because if the father totally abandoned the child, then he got nothing to do with the child anymore, the mere fact that the father still seeing his son, plus the fact he sign his birth cert I can smell a bit complication there, so my share is ask your fiancee to visit the PAO office, its free to ask a question to them like that, Good luck

as the father is mentioned on the birth cert and does still have contact will the child and also the fathers family (and father ??) not wanting the child to leave the phils, could make it more of a problem for your.

[fred]

as the father is mentioned on the birth cert and does still have contact will the child and also the fathers family (and father ??) not wanting the child to leave the phils, could make it more of a problem for your.

And so it should IMO.. We have only one side of the story here and the father is not in a position to reply or offer his side or position..
If I was the father,I would fight tooth and nail to stop my son going to the other side of the planet to live with another man..Most probably,he will not have money to fight for anything..
On the other hand..This guy could be a complete ******* and in that case I wish Bruce the best of luck.
Regardless...I think this could get complicated too.

[Florge]

since the child's parents are not married, the child is illegitimate.. and as such, the father has limited legal rights.. and to start with, he would have difficulty preventing the mother to take her child wherever she wants (since child is only 2 years old and Ms. Piggy is right on this premise). The mother though has to prove beyond reasonable doubt that she was the sole provider for her son eversince... this will make it easy for you to adopt your fiancee's son in the near future and can bring both mother and child to England easily... But even then, I may be wrong... I'll ask my Dad later... I'll post again.

[beppe]

my fiancee has a 2yr old son, who has his fathers surname on his birth certificate ..they never married and seperated soon after she gave birth ..

the father does see his son from time to time, although i beleive only through pressure from his mother... the only support the father has ever given is when his son is at his house, he will then buy the milk but only while his son is at his mothers house ..

i know for sure we will never get the fathers permmision to take his son to england, mainly because his mother would be telling him to object ...

i need to know where this leaves us on a legal matter ...we have decided to marry first in the philippines then apply for a spouse visa and of course we want a visa for her son to ..we both love him very much..

thanks in advance ..

The biological father has full parental rights, the mother needs to get full custody with a court order where the father will be declared unfit and removed his legal rights. In doing so, the mother will be the only responsible for the welfare of the child and she can ask for clearance when the time comes to bring the son to England.

If you can settle the matter legally then you can include the son in the application. More likely the immigration office will ask clearance from:
Department of Social Welfare and Development
DSWD Bldg., Constitution Hills, Batasan Complex, Q.C., Philippines
Tel. (632)931-81-01 to 931-81-07

http://www.dswd.gov.ph/faqdetails.php?id=44

[bruce]

And so it should IMO.. We have only one side of the story here and the father is not in a position to reply or offer his side or position..
If I was the father,I would fight tooth and nail to stop my son going to the other side of the planet to live with another man..Most probably,he will not have money to fight for anything..
On the other hand..This guy could be a complete ******* and in that case I wish Bruce the best of luck.
Regardless...I think this could get complicated too.

u need to remember at the time of birth she was alone ..he refused to be there ..at the time she gave birth she was living with his family, soon after he asked her to leave, she had to find somewhere to live and try to raise her son alone...not one penny to he ever give her for support ...yes he still has contact with his son from time to time, but only last week we had to take the son to the doctor, he had a very bad fever ..the following day the father rang my fiancee and asked if he could take his son for a few days ...she said no because he was ill ...the father said ok and hung up...never even asked what was wrong with his son ...for me that says it all ........

thanks for all the replies, looks like it will hold things up for sure ...

[bruce]

since the child's parents are not married, the child is illegitimate.. and as such, the father has limited legal rights.. and to start with, he would have difficulty preventing the mother to take her child wherever she wants (since child is only 2 years old and Ms. Piggy is right on this premise). The mother though has to prove beyond reasonable doubt that she was the sole provider for her son eversince... this will make it easy for you to adopt your fiancee's son in the near future and can bring both mother and child to England easily... But even then, I may be wrong... I'll ask my Dad later... I'll post again.

many thanks ...if u manage to find anything out please post again ...

[joebloggs]

i don't know what the fathers rights are under Philippine law, but its not just Philippine law you have to worry about, its the British embassy that will be issuing a visa, and they want to know the mother has custody and sole responsibility of the child, which to me sounds like your g/f has. the only problems that you might have is the father is named on the birth cert and still has contact with the child, so i would have thought they might want a letter from him, giving you his permission for his son to live in the UK.

yes under Philippine law, I think the mother gets automatic custody of a child under 7, but its also the British embassy you have convince, but from what you've said, you probably will not have a problem getting her son a visa.

[belfast_dude]

good luck bruce. i am in a boat a little like yours. i wish u luck.

[fred]

u need to remember at the time of birth she was alone ..he refused to be there ..at the time she gave birth she was living with his family, soon after he asked her to leave, she had to find somewhere to live and try to raise her son alone...not one penny to he ever give her for support ...yes he still has contact with his son from time to time, but only last week we had to take the son to the doctor, he had a very bad fever ..the following day the father rang my fiancee and asked if he could take his son for a few days ...she said no because he was ill ...the father said ok and hung up...never even asked what was wrong with his son ...for me that says it all ........

thanks for all the replies, looks like it will hold things up for sure ...

If what you say is true then the man is a ****...
So good luck.

[Florge]

many thanks ...if u manage to find anything out please post again ...

okay... the father can only say "I don't want you to bring my child".. but that won't have any bearing on your plan to bring the child to UK... he can't prevent the mom to bring her son anywhere too... so don't worry... it will only be complicated when the mom's married to the dad (which, thankfully she is not)... under Phil. law, the mom has sole custody of the child even if the father gives support (since they are not married).. the inclusion of the father's name in the birth certificate only signifies that the father recognizes that the child is his (the status of the child then is natural child, not illegitimate as what I previously mentioned unless there is/was a legal impediment for both parents to marry i.e. father is married to another woman). There's no need for the father to write a letter of approval unless UK Immigration law says otherwise.

This will be easier for you to adopt the child then as soon as your marriage to the mom has taken place...not sure though on the immigration rules of bringing the child under a fiancee visa... IMO, better to sort out the wedding then the adoption then bringing the child to UK... it may be a long process, but I'm sure it is worth it.