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American wanting Custoday or Visitation with my child in the Philippines with Mother

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  • American wanting Custoday or Visitation with my child in the Philippines with Mother

    I'm an Active duty US soldier currently in the US. In 09-10 I conceived a child in Korea while stationed there with a Filipino citz. She moved back to the Philippines to have our child (born in 11). While I returned to the US to complete my divorce from my now ex-wife (who I have three kids with) and assigned to my new duty station in US. It was not a planned pregnancy. I have provided monthly support while she was pregnant and before hand we lived together in Korea and she was unemployed and has a child from a previous relationship. I have been providing 16000-peso mo plus all medical care (educational spending when the baby is old enough). All medical care, including all child necessities, paid for a trip to Philpp for her. I visited before coming to back the US in 11. I am on the Pilipino birth cert as the father and his surname is my last name. He is clearly my child but not DNA or paternity test have be conducted. I only have a scanned copy of the birth cert. My divorce was finalized in 12 and I have intended to marry the mother. However she continued to request more money and it seem to become about the exchange of it. I cannot afford to visit. I rely on communication with my 1yr thru her. I finally realized marriage may not be the answer and have been requesting documents such as the original birth certificate and her signature on US Citiz forms so that I can begin a custody case. She has left the household (i.e Korea) to earn extra money to support the household which my support has been used mainly for, it support the her, child of 3yrs from another relationship and my child, other family. She is much like she did in Korea for a yr to earn additional money. She leaves her kids with family to raise and care for them. I have request that I care for him and she has refused stating that our child is hers. Filipino law gives sole rights to the mother. My friend fought custody won in the US and later Filipino law rejected the outcome. Not sure how that should work if paternity is shown that at mini visitation rights. On average the continued monthly support has been about $400 US per mo. My child living conditions are not fancy but they are clean and livable. I know he could have a better life in the US. I want to seek custody through international family law- specializing in navigating through Filipino law. In short I really concerned about the welfare of my child and his opportunity for a better future. I am interested at mini visitation right during the school yr but my dream and Max goal is full custody with visitation rights to the mother. I would continue providing her with reasonable child support during the duration of visits in the Philippines. I will be extorted or have communication with my child be used a leverage for money.

    What are my chances of custody or visitation? Where can I locate a reliable and fair attorney you can navigate through Filipino law? What costs should I brace myself for?

  • #2
    Re: American wanting Custoday or Visitation with my child in the Philippines with Mot

    I wish to inform you that you can have child custody through court in Philippines. In this regard court considers best interest of child as main consideration. As your name appears on birth certificate thus you can claim that child belongs to you under Article 172 of Family Code of Philippines. Further you can take child out of Philippines to USA with permission of court. US Embassy have list of lawyers on its panel who can be hired by you. You may request for a quote from each of the lawyers and then hire any of them. Alternatively you can contact Philippine Bar Association and have list of lawyers.

    AFF

    Comment


    • #3
      Re: American wanting Custoday or Visitation with my child in the Philippines with Mot

      Originally posted by looking4answers View Post
      I'm an Active duty US soldier currently in the US. In 09-10 I conceived a child in Korea while stationed there with a Filipino citz. She moved back to the Philippines to have our child (born in 11). While I returned to the US to complete my divorce from my now ex-wife (who I have three kids with) and assigned to my new duty station in US. It was not a planned pregnancy. I have provided monthly support while she was pregnant and before hand we lived together in Korea and she was unemployed and has a child from a previous relationship. I have been providing 16000-peso mo plus all medical care (educational spending when the baby is old enough). All medical care, including all child necessities, paid for a trip to Philpp for her. I visited before coming to back the US in 11. I am on the Pilipino birth cert as the father and his surname is my last name. He is clearly my child but not DNA or paternity test have be conducted. I only have a scanned copy of the birth cert. My divorce was finalized in 12 and I have intended to marry the mother. However she continued to request more money and it seem to become about the exchange of it. I cannot afford to visit. I rely on communication with my 1yr thru her. I finally realized marriage may not be the answer and have been requesting documents such as the original birth certificate and her signature on US Citiz forms so that I can begin a custody case. She has left the household (i.e Korea) to earn extra money to support the household which my support has been used mainly for, it support the her, child of 3yrs from another relationship and my child, other family. She is much like she did in Korea for a yr to earn additional money. She leaves her kids with family to raise and care for them. I have request that I care for him and she has refused stating that our child is hers. Filipino law gives sole rights to the mother. My friend fought custody won in the US and later Filipino law rejected the outcome. Not sure how that should work if paternity is shown that at mini visitation rights. On average the continued monthly support has been about $400 US per mo. My child living conditions are not fancy but they are clean and livable. I know he could have a better life in the US. I want to seek custody through international family law- specializing in navigating through Filipino law. In short I really concerned about the welfare of my child and his opportunity for a better future. I am interested at mini visitation right during the school yr but my dream and Max goal is full custody with visitation rights to the mother. I would continue providing her with reasonable child support during the duration of visits in the Philippines. I will be extorted or have communication with my child be used a leverage for money.

      What are my chances of custody or visitation? Where can I locate a reliable and fair attorney you can navigate through Filipino law? What costs should I brace myself for?
      You will have to launch your petition for custody or visitation rights in the Philippine courts since that is where the child resides.

      My suggestion is that you contact a Philippine family lawyer for advice and representation.

      Comment


      • #4
        Re: American wanting Custody or Visitation with my child in the Philippines with Mot

        Thanks your response.

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