How to Keep a Mother From Leaving the Country With the Child

My question involves paternity law for the State of: Virginia.

Hello, I am an american citizen and her mom is a Filipino citizen. Our daughter was born in the philippines. while i was there in the phil. i signed the birth certificate and have been doing everything a father should be. while in the phil. i filed for her CRBA and passport, both of which were approved!.

My fiance also got her k-1 fiance visa and the three of us entered the USA October 12, 2016. now my fiance is bored and wants to go back to phil with our baby. i want to stop her from taking my baby.

i suspect my baby was sexually assaulted in the phil. as i was given hints by people, clues, and even the occasional smell of semen on her neck. but i have nothing to prove it.

My issues are:

Have i established legal parental rights in the usa by signing the philippine birth certificate?
How can i make my case strong if it goes to court?
If i am granted partial custody, will that stop her from boarding our bbay unto a flight back to the phil?

please help!!

thanks

Wait one second. You smelled SEMEN on your baby's NECK and you did NOTHING?

While your child is also a US citizen, your child was born in the Philippines and is a Filipina also. Therefore the Philippines would have jurisdiction of any custody matter regarding your child. Therefore you would have virtually no ability to keep her in the US if her mom wants to return to the Philippines. If your fiancée is to bored to remain in the US after only being here for 5 days, then that is YOUR fault.

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Quoting Dogmatique

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Wait one second. You smelled SEMEN on your baby's NECK and you did NOTHING?

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Right?

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Quoting ckabinajm

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Have i established legal parental rights in the usa by signing the philippine birth certificate?
How can i make my case strong if it goes to court?
If i am granted partial custody, will that stop her from boarding our bbay unto a flight back to the phil?

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You don't necessarily have to have proof to report to CPS that a child is being abused. If they don't find evidence they will close the case. But you smelled semen on her and you did nothing? Really?

You need a lawyer.

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Quoting llworking

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If your fiancée is to bored to remain in the US after only being here for 5 days, then that is YOUR fault.

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The Mother is too bored and that's DAD'S fault ... how?! She's not responsible for finding things to fill up her time?

Please tell me you're joking.

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Quoting Dogmatique

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The Mother is too bored and that's DAD'S fault ... how?! She's not responsible for finding things to fill up her time?

Please tell me you're joking.

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Think about it? Her English is likely limited which makes watching TV or playing on the internet difficult. She knows no one here except her fiancé. Its unlikely she has a car available to her while her fiancé is at work. If he isn't making an effort to help her get to know people and the place they are living its no wonder that she would be bored.

My inlaws (from Italy) spent 6 weeks with us the year my daughter was born and they were honestly bored to tears while my husband and I were at work.

Dad should have anticipated mom being "bored" if she speaks little english. If she speaks little english that also reduces her ability to do things like take a public bus or cab places. If mom is willing to wait a few days, maybe dad can get busy and see what resources are available in their area for those that don't speak english well.

Did mom live with her parents before coming to the US ? Does she do everyday things like laundry, cook, clean, etc ? Did she do these things before coming to the U.S. ?

I seriously doubt any Judge is going to believe you smelled semen on your child because you did nothing. If they do believe it, that can go against you having custody. No responsible parent is going to do nothing if they believe their child has been sexually assualted or abused.

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Quoting llworking

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Think about it? Her English is likely limited which makes watching TV or playing on the internet difficult. She knows no one here except her fiancé. Its unlikely she has a car available to her while her fiancé is at work. If he isn't making an effort to help her get to know people and the place they are living its no wonder that she would be bored.

My inlaws (from Italy) spent 6 weeks with us the year my daughter was born and they were honestly bored to tears while my husband and I were at work.

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She can't use her time to learn the language (assuming your assumption is actually correct)? Use a computer? Join a social network group? Find an ex-pat network?

This is a grown woman who made a choice to live in the US ... it's just as much HER responsibility as Dad's to make sure she's not "bored" 5 days into her trip.

Why you're making yet another assumption that Dad isn't "making an effort", I do not know. I mean it's not like he has to work to keep a roof over his child's head or anything.

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Quoting llworking

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Think about it? Her English is likely limited which makes watching TV or playing on the internet difficult. She knows no one here except her fiancé. Its unlikely she has a car available to her while her fiancé is at work. If he isn't making an effort to help her get to know people and the place they are living its no wonder that she would be bored.

My inlaws (from Italy) spent 6 weeks with us the year my daughter was born and they were honestly bored to tears while my husband and I were at work.

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If that's the case, that she is truly bored, he's in the wrong part of Virginia. Virginia Beach and the nearby surrounding area has one of the largest Phil-Am communities in the US. There are lots of people to connect with, and plenty of social activities.

Filipino society is very family-oriented. If a Filipino is alone and isolated in a new environment, it can be a pretty rough adjustment. This is straight from my numerous Filipino friends in the Navy and merchant marine.

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Quoting geek

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If that's the case, that she is truly bored, he's in the wrong part of Virginia. Virginia Beach and the nearby surrounding area has one of the largest Phil-Am communities in the US. There are lots of people to connect with, and plenty of social activities.

Filipino society is very family-oriented. If a Filipino is alone and isolated in a new environment, it can be a pretty rough adjustment. This is straight from my numerous Filipino friends in the Navy and merchant marine.

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Exactly...he should do some research and attempt to find her people to connect with and social opportunities. A work friend of mine married a woman from China, and he went all out to help her connect to the Chinese community in our area.