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Old 08-31-2016, 09:26 PM
 
Location: Elysium
6,573 posts, read 3,631,003 times
Reputation: 4558

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Quote:
Originally Posted by WanderingImport View Post
Oh, for Pete's sake.. Enough! I explained myself, I need not defend myself any more.

Can I get an actual answer already?!
Consulate an actual lawyer probably immigration who has experience in international and the Philippines Family Law
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Old 08-31-2016, 10:57 PM
 
1,099 posts, read 1,667,688 times
Reputation: 966
Quote:
Originally Posted by WanderingImport View Post
I wasn't sure if I should put this topic in the parenting forum or here. Anyway, here goes...

As an American citizen with a Filipino girlfriend, I couldn't help but wonder, if she were to get pregnant, what would my rights be with a child being born in the Philippines?
Sorry, you don't talk about YOUR rights. You talk about YOUR RESPONSIBILITIES. It is the child who has RIGHTS. The child has a right to seek support from their father, and a child has the right to inherit from their father (even if illegitimate, according to the laws of the Philippines).

Quote:
Originally Posted by WanderingImport View Post
I read that the child would be illegitimate if we are not married. I've also been told that I could still put my name on the birth certificate. How accurate is this?
Yes, this is accurate.

Quote:
Originally Posted by WanderingImport View Post
Also, if I did and things didn't work out between my girl and I, what are rules regarding child support internationally between the two countries? How enforceable is it?

Thanks in advance.
Even if it doesn't work out between you and your gf, the child is still yours. The right to have support from their father remains. The responsibilities of the father remain the same. Even if you hate the mother of your child, don't let your own child suffer the consequences! Please seek legal counsel if you want to weasel out of paternal responsibilities. Better yet, save those lawyer fees and do whatever it takes not to have any children yet if you still have any doubts and you don't want to own up your responsibilities. And as a note, non-enforcement can change to enforceable in the future (although am not aware how much they enforce this now, am not about to find out for you). Just assume it will be enforceable in the future and be prepared to support your own children! You may read the Family Code of the Philippines yourself: THE FAMILY CODE OF THE PHILIPPINES : Executive Order No. 209 - FULL TEXT - CHAN ROBLES VIRTUAL LAW LIBRARY
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Old 09-03-2016, 07:40 AM
 
Location: No. Virginia, USA
328 posts, read 476,489 times
Reputation: 317
Quote:
Originally Posted by WanderingImport View Post
Oh, for Pete's sake.. Enough! I explained myself, I need not defend myself any more.

Can I get an actual answer already?!
Unfortunately, that's the internet.

Here's what I do know:

A child born to an American father overseas has the right to U.S. citizenship. You must register the birth at the U.S. embassy, however. You will have all the rights (and responsibilities) available to U.S. citizens with regard to their children.

I am not sure about what "rights" you're entitled to under Philippine law, however. So if the mom wants to remain single and bring the child up in the Philippines, I'm not sure what you can do about that.

Last edited by Chasva69; 09-03-2016 at 07:49 AM..
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Old 09-03-2016, 12:51 PM
Lou
 
262 posts, read 108,990 times
Reputation: 386
Quote:
Originally Posted by GoldenTiger View Post
Sorry, you don't talk about YOUR rights. You talk about YOUR RESPONSIBILITIES. It is the child who has RIGHTS.
.
He has both rights and responsibilities. You're of course correct about supporting his child being his responsibility, and about walking away from that not being his right.

Regarding the other aspects of being a father, he absolutely should talk about his rights. Can she choose not to list him on the baby's birth certificate? Can he go to court to seek visitation? In other words, to what extent is his standing as the child's father at her discretion?


WanderingImport, you really should edit your original post to clarify the intent of that last question, or post clarification in another thread. I know you said you wouldn't abandon the child, but that question about enforceability is still dangling out there and is a huge turn-off. It makes most people not want to answer you at all, except to scold you for asking that question.

I hope you aren't putting yourself at any risk of impregnating her. You surely know the risks of fathering a child anywhere. It's not a matter of whether those risks exist in the Philippines, but of how drastic they are.
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Old 09-03-2016, 02:31 PM
 
Location: Metro Atlanta & Savannah, GA - Corpus Christi, TX
4,471 posts, read 7,286,802 times
Reputation: 2217
Quote:
Originally Posted by Lou View Post
.
He has both rights and responsibilities. You're of course correct about supporting his child being his responsibility, and about walking away from that not being his right.

Regarding the other aspects of being a father, he absolutely should talk about his rights. Can she choose not to list him on the baby's birth certificate? Can he go to court to seek visitation? In other words, to what extent is his standing as the child's father at her discretion?


WanderingImport, you really should edit your original post to clarify the intent of that last question, or post clarification in another thread. I know you said you wouldn't abandon the child, but that question about enforceability is still dangling out there and is a huge turn-off. It makes most people not want to answer you at all, except to scold you for asking that question.

I hope you aren't putting yourself at any risk of impregnating her. You surely know the risks of fathering a child anywhere. It's not a matter of whether those risks exist in the Philippines, but of how drastic they are.
Thank you very much for understanding where I'm coming from versus the endless and unnecessary scolding I've been receiving for absolutely no reason. Of course I'm not going to abandon or try to "weasel out" of any support I can provide if the situation presents itself.

Perhaps you're right about my wording. I just wasn't sure of the best way to word it.

I'm aware there are certain formulas used in the US regarding what to give to the child, I'm just not sure what they would be in the Philippines and how their overall system works.

Either way, again, it's all hypothetical. Her and I have been talking about what would happen in that situation which led me to doing some searching of my own on here. Unfortunately, I'm having a hard time finding anything.

Again, I appreciate YOUR understanding.
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Old 09-03-2016, 10:28 PM
 
Location: Taipei
6,773 posts, read 5,116,323 times
Reputation: 4555
Quote:
Originally Posted by WanderingImport View Post
Oh, for Pete's sake.. Enough! I explained myself, I need not defend myself any more.

Can I get an actual answer already?!
I think you should seek real legal advice from a real lawyer instead of asking for it on an internet forum.
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Old 09-04-2016, 01:39 AM
 
1,099 posts, read 1,667,688 times
Reputation: 966
Quote:
Originally Posted by WanderingImport View Post
Thank you very much for understanding where I'm coming from versus the endless and unnecessary scolding I've been receiving for absolutely no reason. Of course I'm not going to abandon or try to "weasel out" of any support I can provide if the situation presents itself.

Perhaps you're right about my wording. I just wasn't sure of the best way to word it.

I'm aware there are certain formulas used in the US regarding what to give to the child, I'm just not sure what they would be in the Philippines and how their overall system works.

Either way, again, it's all hypothetical. Her and I have been talking about what would happen in that situation which led me to doing some searching of my own on here. Unfortunately, I'm having a hard time finding anything.

Again, I appreciate YOUR understanding.
Here are a number of FAQs in addition to the Family Code you can check: Support | LAGMALAW

The Philippines is a far less litigious society than the US (then again, which other country is not) and agreements tend to be settled between private parties rather than the courts dictating anything. The Philippines also has a lower cost of living than most parts of the US. Who then will pay thousands of dollars of legal fees when the amount being contested is less than the legal expenses?

There is no set formulas in the Philippines because there are just far cases of people filing child support cases in court. We also know nothing about you and your gf's financial situation and how you both plan to raise your potential/"hypothetical" child? The best person to ask for a budget is your girlfriend, not any other formula. If you have a formula in your home jurisdiction, then compare it to what your gf is saying. If there is any disagreement, then that's when you ask someone else. While the Philippines is generally cheaper, if your gf aspires that your child should attend the most expensive private international school and that you have to visit the Philippines multiple times a year, the costs can indeed increase exponentially.

If you and your gf has already talked about it, so what are the key points that you do not agree upon? And why is there a big chance of her conceiving if you are both not ready yet? Don't fall for that birth control is against my religion BS. Any religion that is against birth control is also against s*x outside of wedlock. Child support is important. Custody and visitation rights are best agreed upon between you and your girlfriend than anywhere else. The laws in the Philippines with regards to whose surname the child will use or if the father's name will be written on the birth certificate are not at all that different from the US or other countries. Someone brings up if you have the right to insist that your name be included as a father even if your girlfriend does not want to. If you and your gf already agreed and you are not in that situation, then any answer is purely academic. Besides, the situation is rare, it is often the other way around that a father refuses to be put on the birth certificate.
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Old 09-04-2016, 01:42 AM
 
35,109 posts, read 40,202,457 times
Reputation: 62049
Quote:
Originally Posted by WanderingImport View Post
Oh, for Pete's sake.. Enough! I explained myself, I need not defend myself any more.

Can I get an actual answer already?!
Perhaps a call to an embassy or immigration department to ask your question and they may be able to guide you to the proper department to speak with.
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Old 09-05-2016, 08:27 AM
Lou
 
262 posts, read 108,990 times
Reputation: 386
Quote:
Originally Posted by GoldenTiger View Post
Here are a number of FAQs in addition to the Family Code you can check: Support | LAGMALAW

The Philippines is a far less litigious society than the US (then again, which other country is not) and agreements tend to be settled between private parties rather than the courts dictating anything. The Philippines also has a lower cost of living than most parts of the US. Who then will pay thousands of dollars of legal fees when the amount being contested is less than the legal expenses?

There is no set formulas in the Philippines because there are just far cases of people filing child support cases in court. We also know nothing about you and your gf's financial situation and how you both plan to raise your potential/"hypothetical" child? The best person to ask for a budget is your girlfriend, not any other formula. If you have a formula in your home jurisdiction, then compare it to what your gf is saying. If there is any disagreement, then that's when you ask someone else. While the Philippines is generally cheaper, if your gf aspires that your child should attend the most expensive private international school and that you have to visit the Philippines multiple times a year, the costs can indeed increase exponentially.

If you and your gf has already talked about it, so what are the key points that you do not agree upon? And why is there a big chance of her conceiving if you are both not ready yet? Don't fall for that birth control is against my religion BS. Any religion that is against birth control is also against s*x outside of wedlock. Child support is important. Custody and visitation rights are best agreed upon between you and your girlfriend than anywhere else. The laws in the Philippines with regards to whose surname the child will use or if the father's name will be written on the birth certificate are not at all that different from the US or other countries. Someone brings up if you have the right to insist that your name be included as a father even if your girlfriend does not want to. If you and your gf already agreed and you are not in that situation, then any answer is purely academic. Besides, the situation is rare, it is often the other way around that a father refuses to be put on the birth certificate.
It would be wonderful if things worked that way, but there's the very real possibility of her not following through with her promise. It happens all the time. There's also the question of whether he as a foreigner, and especially an American, would weigh against him. With something as important as parenthood, he needs to know what recourse he has.

WanderingImport, should the need to seek legal help arise, don't let anybody shame you with their "sue-happy American" stereotype.
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Old 09-09-2016, 11:18 AM
bg7
 
7,697 posts, read 8,161,709 times
Reputation: 15093
Quote:
Originally Posted by GoldenTiger View Post
Here are a number of FAQs in addition to the Family Code you can check: Support | LAGMALAW

The Philippines is a far less litigious society than the US (then again, which other country is not) and agreements tend to be settled between private parties rather than the courts dictating anything. The Philippines also has a lower cost of living than most parts of the US. Who then will pay thousands of dollars of legal fees when the amount being contested is less than the legal expenses?

There is no set formulas in the Philippines because there are just far cases of people filing child support cases in court. We also know nothing about you and your gf's financial situation and how you both plan to raise your potential/"hypothetical" child? The best person to ask for a budget is your girlfriend, not any other formula. If you have a formula in your home jurisdiction, then compare it to what your gf is saying. If there is any disagreement, then that's when you ask someone else. While the Philippines is generally cheaper, if your gf aspires that your child should attend the most expensive private international school and that you have to visit the Philippines multiple times a year, the costs can indeed increase exponentially.

If you and your gf has already talked about it, so what are the key points that you do not agree upon? And why is there a big chance of her conceiving if you are both not ready yet? Don't fall for that birth control is against my religion BS. Any religion that is against birth control is also against s*x outside of wedlock. Child support is important. Custody and visitation rights are best agreed upon between you and your girlfriend than anywhere else. The laws in the Philippines with regards to whose surname the child will use or if the father's name will be written on the birth certificate are not at all that different from the US or other countries. Someone brings up if you have the right to insist that your name be included as a father even if your girlfriend does not want to. If you and your gf already agreed and you are not in that situation, then any answer is purely academic. Besides, the situation is rare, it is often the other way around that a father refuses to be put on the birth certificate.
The again there is nothing that proceeds in any Philippines court without bribery being involved. So there is no point going to court, unless you have enough connections and $ to leverage it into greater $. That's not a secret.
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