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Emergency

Discussion in 'Off-Topic Forum' started by steveb155, Apr 9, 2013.

  1. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    Sorry. I see he did say daughter. My bad. Still, ignore my guardian questions and replace with these.

    Who is the mother, is she still alive, what's her nationality and where is she located?
    Have you contacted the legal mother?
    Has your gf legally adopted your child?
     
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    steveb155

    steveb155 DI Member

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    sorry, was in midst of an arguement for being accused of "Talking to the Sari Sari store clerk" Yes i was but only to buy items!
    Thats when the threat came up.

    Answer to questions:
    1. I am the actual biological father on her birth cert that we have here
    2. does not apply because I am legal guardian
    3. Child was born in the U.S. and is a U.S. Citizen with Passport as am I, brought to stay here for a length of time while mother finishes school here at foundation
    4. Already answered
    5. No not a dual citizen..only 2 months old, does not have paperwork for dual citizenship filled out yet..only a U.S. Citizen Passport holder
    6. Met her in the states 3+ years ago
    7. Because she has 2 years in already at Foundation college and wants to finish her degree in nursing
     
  3. shadow

    shadow DI Forum Luminary

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    Repeat, if the child was born to at least one Filipino parent the child is a natural born Filipino by birth, whether the paperwork is filled out or not. If the child is in the Philippines, it is under Philippine law, and your US "custody" does not take precedence over the Philippine family code.

    Good luck, I hope you don't learn all this the hard way, but at this point it appears you may.

    Larry
     
  4. Manzanita

    Manzanita DI Forum Patron

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    I have a feeling that your girlfriends "cousin" is the Mother of the baby...
     
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    steveb155

    steveb155 DI Member

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    Larry,

    A second repeat... Child was NOT Born in the philippines.. Born in U.S.
     
  6. atlargex

    atlargex DI Forum Adept

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    Sounds like there's a bit of denial going on here....

    Listen....

    It doesn't matter if the child was born outside of Philippines and holding another citizenship. The bottom line is if the mother is Filipino and making threats to you in the Philippines, you best oblige her.
     
  7. shadow

    shadow DI Forum Luminary

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    I will try to make this as simple as possible so maybe you can understand it.

    The Philippines adheres to "jus sanguinis" mode of acquiring citizenship, which means "Blood". Under the Philippine constitution, a child born of one or more Filipino parents is a Filipino NO MATTER WHERE THEY ARE BORN. From the Bureau of Immigration website;

    "Who are Philippine citizens under the present Constitution?

    The 1987 Constitution, Article IV, Section 1 provides:

    Section 1. The following are citizens of the Philippines:

    Those who are citizens of the Philippines at the time of the adoption of this Constitution;

    Those whose fathers or mothers are citizens of the Philippines;"

    The Bureau of Immigration, Philippines Official Website - Philippine Citizenship

    You can deny this or spin it any way you want, but under the Philippine constitution at the end of the day the baby is as much Filipino as it is American, and while in the Philippines, PHILIPPINE law and the Philippine constitution will prevail over any US law or court order.

    Also under the constitution a child under 7 years old is deemed under the custody and control of the Mother. This means you have no legal right whatsoever to keep the child from it's Mother, and very well could end up in jail taking the path you are currently on. All your GF has to do is go to any police station or DSWD and tell them you have her baby and will not return it, and you will find yourself in a world of sh**. Blatant ignorance is not a valid defense.

    You are not in Kansas anymore, if you wish to have control over the Mother by means of the child, I suggest you head back to Kansas pronto. As I said in my first response to this thread, "Get on the bus, Gus"!

    Larry
     
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    steveb155

    steveb155 DI Member

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    Ok i see what you are saying here.. just sucks cuz i want to stay but dont want my girlfriend to steal her away.. in the U.S. theres a felony law against that called International Child Abduction.. so this may turn in to a mess... ugh
     
  9. shadow

    shadow DI Forum Luminary

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    It is not so different here, except here YOU are the one committing the offense!
     
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    steveb155

    steveb155 DI Member

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    each country views it differently, so how does that work out to be fair?
     
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