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  1. #1
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    Aug 2012
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    Default How Can a Foreign National Exercise Visitation for a Child in the U.S.

    My question involves a child custody case from the State of: Akansas

    Long difficult story. I'm British and lived with my ex gf in The Philippines for over 2yrs. We had a child and then the relationship ended. I returned to UK she found new bf. Now she is in Arkansas with her new bf and they are denying me any access (online or otherwise). It's heartbreaking.

    I need legal advice - what are my rights (if any)? If it just involved UK laws I know my rights and know what to do but being that my son is in the United States I feel lost and helpless.

  2. #2
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    Default Re: My Half Filipino Son Now in USA and I'm Denied Access

    Is your ex a US citizen?

  3. #3
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    Default Re: My Half Filipino Son Now in USA and I'm Denied Access

    No she's filipino and only recently entered the US but I dont know the visa status

  4. #4
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    Default Re: My Half Filipino Son Now in USA and I'm Denied Access

    I'm curious about that too; one cannot simply enter the US and decide to live here permanently without going through the correct legal processes.

    That aside, you're going to need an attorney in the Philippines to help you. Consult with one in the UK by all means, but I think you're going to find that the UK doesn't have jurisdiction over her OR the child.

  5. #5
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    Default Re: My Half Filipino Son Now in USA and I'm Denied Access

    So you are saying I don't have any rights whatsoever? Because Philippine Consulate have already stated because we did not marry I have no rights!

  6. #6
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    Default Re: My Half Filipino Son Now in USA and I'm Denied Access

    No, I did not say that.

    But this forum is for US law.

  7. #7
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    Default Re: My Half Filipino Son Now in USA and I'm Denied Access

    And as the stepfather is the one making the rule who is American and as my son is in America.... who/where do I go?

  8. #8
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    Default Re: My Half Filipino Son Now in USA and I'm Denied Access

    You're not listening.

    It matters not what or who the stepfather is doing. The US does not have jurisdiction over the child OR your ex.

    The US will not interfere unless you actually have a court ordered parenting plan that Mom is deliberately and willfully ignoring, and even then, it would be a push.

    - - - Updated - - -

    Are you even legally established as the father at this point?

  9. #9
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    Aug 2012
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    Default Re: My Half Filipino Son Now in USA and I'm Denied Access

    I am on the birth registration document.

    I am listening and trying to understand you - sorry if you think otherwise. I know it's a difficult case.

    The mother is filipino and under Philippine law the child must stay with the mother until aged 7 but that's only if the parents were married at the time. No marriage has taken place. She was granted a visa (not sure what status) and arrived in USA end June 2012.

    I think you are saying I must first seek judicial court action in The Philippines first but knowing the basics of the law there and the corrupt nature of the country I do not stand any chance of obtaining official court ruling in my favour and if I did it would cost me more than an arm and a leg (if you understand me).

  10. #10
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    Default Re: My Half Filipino Son Now in USA and I'm Denied Access

    Okay, you need to obtain a visitation order, yes. The US can't help you with that unfortunately. And there's nothing you can do to the boyfriend/stepfather - anything he's doing, your ex is agreeing to; this is all on her.

    I'm sorry. I know this is not what you want to read, and what she's done is absolutely horrid. It really is. I'm just not sure what you can do without spending an awful lot of money (and time).

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