my dependent child "unknown father" on his birth cert

[dayang]

hi everyone,
i badly need your help! my child out of wedlock and he is always with my custody. he was abandoned by his biological father when he was only 3. now im on process of my PR and the CIC is asking for the Declaration of non-accompanying parent, common-law, former spouse. i cant find the whereabouts of my child's father. i even search google just to find ways how i can get his permission. im running out of timeline, my last option is to ask DSWD certificate hopefully i can get one. thanks to you! i do appreciate your advices. God Bless you!

 

[Filipinay]

hi everyone,
i badly need your help! my child out of wedlock and he is always with my custody. he was abandoned by his biological father when he was only 3. now im on process of my PR and the CIC is asking for the Declaration of non-accompanying parent, common-law, former spouse. i cant find the whereabouts of my child's father. i even search google just to find ways how i can get his permission. im running out of timeline, my last option is to ask DSWD certificate hopefully i can get one. thanks to you! i do appreciate your advices. God Bless you!

Hi.. Accdg to the Philippine law:
The Family Code is very clear.

"Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code.”

Also, the Supreme Court in the case of Joey Briones vs. Maricel Miguel et. al. (G.R. No. 156343. October 18, 2004) made it clear:

“An illegitimate child is under the sole parental authority of the mother. In the exercise of that authority, she is entitled to keep the child in her company. The Court will not deprive her of custody, absent any imperative cause showing her unfitness to exercise such authority and care.”

>>so just to be safe, u have to secure an NSO Authenticated BC of ur child, at the back of the child's NSO BC, it will clearly show that the father is unknown and start asking DSWD office if they could give u a solo parent iD and from what ive read on this forum with the same situation like u do, they made a letter xplaining ur circumstance abt ur ex RE: like u dnt knw his whereabouts and he wasnt in the picture in rearing ur child fr the very beginning, that ur not married etc.. Good luck!

 

[Filipinay]

Is being born out of wedlock & an 'unknown father' one and the same? Dayang did indicate that the father was present to some degree for 3 years so he wasn't completely unknown. I assume Dayang that you did submit a BC for the child with your application? That's why I asked if the father's name appears on it. If it is not on the BC & CIC is still demanding IMM5604 then that's not right. If it is on the BC & the bio-dad is long gone & nowhere to be found then hopefully the DSWD will be able to clarify for you & CIC so you don't have to hire a lawyer to get a judgement of custody (adding much more time & expense to your case). Please keep us informed in any case...good luck! (BTW we were told that a "Solo Parent Card" is only issued to a parent in need of social assistance...but maybe they will be flexible on that in support of your case?)

ur absolutely right! talk abt replying using my mobile phone at 3am! i didnt see that the father was present til around age 3. hmmnn, im assuming OP's child's BC didnt have the father's signature in acknowledgement of paternity hence it's written as "unknown"? Abt the Solo Parent ID, i had a friend who became PR, had the same situation as Dayang, she secured that ID, mybe just an added proof that's she's been the sole provider..and YES, for sure Dayang should seek advice fr DSWD abt this matter. I recall Gumper, that ur wife is somehow similar with the OP's situation? Any news on ur case? As to the OP, gather as much proofs, evidence to satisfy CIC regarding this matter coz u have a good chance on this. good luck!

 

[Gumper]

We're status quo Filipinay. My apologies Dayang, you did say in your subject line that there is no father on the BC. (I assume he/she has your surname too?) I really don't understand how CIC cannot know the law on this, maybe you got an inexperienced officer? Another poster on the forum told me some time ago that she received her PR no problem under the same circumstances, so very confusing! Possibly CIC looked at the acknowledged "presence" of the father, wants to be sure there is no doubt -- even though you say he is gone -- that he has any claim to custody. I certainly don't doubt the veracity of your account but from the CIC pov I can understand it, they don't know you from Adam.

 

[dayang]

Thank you guys! FILIPAY & GUMPER I'm gathering documents from DSWD. Now for scheduled on survey and ocular inspection with the local Social Worker in our area. Sorry Can't reply u back I'm only using my mobile device. Yeah my child is registered under my name. Get back to u as soon as I can I'm working in an island right now that I can't get good reception of internet connection. Thank u guys for your advices I appreciate!

 

[Gumper]

OK, good to hear from you Dayang. Hope it works out with DSWD, will be interested to hear more about your hopefully successful experience when you have time & better internet access.

 

[Xtnsantos]

Hello, I know this is an old post. I am in the same situation now. The biological father of my daughter was never present and did not provide any financial support. He signed the BC but after that he was gone. I don't know his whereabouts and tried to contact his partner but would not give me his address or contact number and never replied back to me. I am running out of time. I do have a solo parent ID and affidavits from friends that can declare that the father was never present for the entire 7 years of her life. Please help.