Parental Consent

first of all i would like to greet mr. ATTYLL for extending his/her help using this site, this is a very great factor for peoples who is mislead when it comes on knowledge about our law.

Atty,

my problem is this, i have a 6yrs old son, 1year ago her mom and i split up, then i just had a visitation schedule for my son, every week end, unfortunately last month her mom told me that she will bring my son to Los Angeles for good, which shocks me because if that would happen i could never see my son again, my son uses my surname and i was also acknowledge and singed on the birth certificate, thru some sources they told me that under Bureau of immig of the PH and DSWD they could allow just only the mother to bring my son on Los Angeles, but some people told me that even a illegitimate father they need to have a consent from me? which of this is true and effective, because if they will succeed to bring my son to Los Angeles im sure i will not have a chance to exercise my rights being a father to him.

thanks a lot

sir???

only the mother has custodial and parental rights over an illegitimate child. the father only has visitation rights. in the end, unless you can show that the children may be harmed by staying with the mother, the mother will probably win.

this can be a situation where it may still be fruitful to file a losing case because the court may issue a hold departure order while the case is pending. that way your child cannot be brought out while the HDO subsists.

i am not an expert with US immigration law, but it is correct that the DSWD will allow the child to travel with only the mother's consent.