Good day! I have 5 yr old twins both girls from a filipino american citizen married guy. I am now here in the philippines.I just need to know what are my rights as a biological mother of my twins? The twins already have their US passport and Social Security number, can I stop the their father from taking my twins to the US if ever he decides to take them with him? what right do I have to stop their father from taking them to US? My twins are not with me, they are with their father's family. What should I do to get my twins from their father's family/relatives. Their father is in the states right now working as a caregiver.Please help me.

Why are the twins not with you ?

Are you planning a divorce ?

Why are you not with husband in america ?
Caregiver not a high paying job ?

Hi chuck... we are not married... he is married to a filipina nurse working in america... I broke up with him and before I even decide to leave their place with my twins my partners brothers and sister in-law literally took my twins from me and told me to leave their place. They took my twins to place I dont know.

You need to call the police and have them arrested for kidnapping. Unless there was a court order awarding them custody, you have equal rights to custody of the children. His family does not have the right to take them from you. Especially not to hide them from you. So I would go to the nearest police station as soon as possible and tell them what happened and ask that this be reported as a kidnapping.

You then need to go to court and petition the court for primary custody. It is unlikley, however, that he can get them out of the Philippines without both parent's consent.

Scott hi!. yeah you are right... but initially when the family of my twins' dad got my girls they reported to the department of social welfare here in the philippines that I abandoned my kids... but only after weeks of trying to figure out what am I going to do I counter-report that to the same agency that my twins are missing... and I sought the agencies advice on what should I do to get my twins back from them, even told them my twins status being US cits kids... the agency Department of Social Welfare and Development (DSWD) said that different rules apply for my twins because they are US cits... what is worst is the father of my twins and his family are accusing me of having a lover which they said they will use against me not for me to get my kids' custody... again Im not married to him because he is already married and his wife is in Connecticut working as a nurse... I am really afraid, confused of what should I do... what right do I have as the biological mother? Right now I don't have work to support whatever battle I need to go through to get my twins back... god help me... scott thanks for your time to answer my question... godbless! and could it still be considered "kidnapping" even if the father of my twins are even the one who gave instruction to his family to get my twins from me? thanks again!

Unless he signed over guardianship to them and it was approved by a court, they have no right, as far as I know, to keep the children from you.

What different rules are they saying apply? You are the children's mother and until a court says you don't have rights, your rights should supersede those of the father's family. So, I again suggest that you go to the police or local prosecutor. Tell them the father's family has refused to turn your children over to you and, in fact, is hiding them from you. That's kidnapping in my book.

Keep us posted.

Different rule because the agency said even if my twins were born here in the philippines but they are already american cits so the rule and law here in the philippines can no longer apply to them...their philippine birth certificate is no longer valid because a CRBA (CONSULAR REPORT OF BIRTH ABROAD) were issued to my twins. Scott will it make a big difference if I do that after I find a job... Im jobless right now.it is not possible for me to make a move if I don't have anyting right?. as I understand it even if I am the biological mother of the twins the court will still not grant the custody to me if I am jobless, am I right? Thanks

And scott how do I do that? How do I get to the court? I mean which court do I need to report my case to? Since my twins are US cits?do I need to get online in US embassy's site to get an appointment to talk to a consul? Or should I just go there personally myself, get a number and fall in line? (sigh!! ) please lead me... teach me where to go and what to do!

I think you need to consult a local lawyer. While the Philippines is part of the US commonwealth, they are independent. So I'm not really sure what happens. But I can't conceive that they would deny a mother (maybe a father, but not a mother) their rights.

Scott, if the twins are in the Philippines, I don't know whether what you call a "kidnapping" is indeed a crime there. And the respective rights of the parents and of the father's family would be a matter of Philippine law. The fact that they may also be American citizens is immaterial.

I don't know either. But under international law, keeping a child from their legal parent is a crime. It can't hurt to talk to the police or, preferably, a prosecutor and try to get some action. I also agree their citizenship shouldn't matter. If they were born in the Philippines they should be Filipino citizens regardless of whether they are also US citizens.

But I really think the OP needs an attorney to unravel this.

Thank you guys for all the comments and advice... atleast now while Im trying to get better ( from a little exaggerated case of constipation called "obstruction" ) and cannot still do things I need to do clearer vision of the way I can now see... grateful to be part of this site! Godbless you all and always be safe!