Hi. I am from Sahiwal, Pakistan. I have a child who is US national(father name not mentioned on birth certificate) my question is that I have put up my file for immigration with my marital status as married but my spouse is not cooperating with me and is abusive. Do I need to get child’s custody papers even if his father is not on birth certificate? Alongwith my separation papers of course.
Info required regarding immigration with a minor as single parent
- Thread starter IamR
- Start date
legalfalcon
VIP Member
- Sep 21, 2015
- 9,897
- Category........
- FSW
- Visa Office......
- Ottawa
- NOC Code......
- 4112
- App. Filed.......
- 03-09-2015
- Doc's Request.
- 01-10-2015
- AOR Received.
- 03-09-2015
- Med's Done....
- 17-08-2015
- Passport Req..
- 05-04-2016
- VISA ISSUED...
- 12-04-2016
- LANDED..........
- 05-05-2016
Yes, to take the child agaong with you you have to have complete custody of the child or consent of the other parent.
If you are separated and have separation papers,why did you apply as married? It should be legally separated.
If he is not listed on the birth certificate, you dont need his consent neither do you need a custody paper. Search on this forum, there are similar cases from phillipines . I am a single mother and was not legally married to my daughter's father, but had his name on the birth certificate. I searched on this forum and read a lot of cases. I submitted a custody paper but cases like yours did not.
I recommend that you engage the services of a lawyer who is familiar with both family and immigration law.
Thanks for your response.
I am not yet separated, but I am thinking to get separation as this relationship is v toxic for me and affecting me and my child mentally and physically. The reason to apply for Canada is also that I know women have rights there and husbands cannot abuse them there conveniently, police help can be taken in such cases. I wanted to give another try to this relation for sake pf my child, by moving to Canada but my spouse is not even cooperating on providing me his documents(he wants to tease me every way possible).
Are you sure philippines and US have same case and I won’t need a legal custody paper if he is not on birth certificate? I also read this on this forum about philippine but didn’t come across a thread about US. That is why I posted this thread.
TIA
I am afraid I can’t afford that right now. Want to proceed with all required documnents myself.
If you were married to him when the child was born or soon after, he will by default be considered the legal father. You will need his consent or full legal custody for the child to immigrate. The fact that he isn't named on the birth certificate doesn't matter.
But I didn’t need his consent while applying for child’s passport... why was that so?
A passport is very different and different countries have different rules. In Canada, you have to have both parents consent even for a passport application. I literally did this just this afternoon and both my spouse and I had to sign.
Immigrating with a child without consent of the other spouse can mean very many worrying things, from kidnapping to child trafficking. Unfortunately you will need his consent or full legal custody.
I understand that you are in a difficult situation and I hope things work out for you! Good luck and don't hesitate to ask more questions.
Why would that have any bearing on this situation? Getting his passport has zero to do with the immigration laws of Canada.
As stated by others, if you and the father were married at the time of the child's birth, you are going to find this very difficult without professional advice.