Custody of Child not stated in Divorce Certificate

[tucsonjim]

Good news update on this problem!!

 

After email exchanges with my SO on this topic the past few days, she will go back to the county courthouse and get the divorce certificate officially updated to state that she has full custody of her daughter. Apparantly the original divorce certificate stated that she has custody, but she later changed her first name and since we are applying for her visa, she had a new divorce certificate issued to reflect her name change, but they didn't include that wording from the original divorce decree. Given that, it will hopefully be easily fixed, without needing lawyers or judges and we won't need anything from her ex-husband, whose whereabouts are unknown.

 

Needless to say, this was fantastic news and quite a relief to learn from her email today!! I'm glad to have discovered this problem early on, which wouldn't have happened if I had not been reading the FAQ's and links on CFL! The discussion here also helped me to discuss this with her in a simple way that made her realize this wording was missing and now she can get it corrected.

 

Thanks much for the input folks!!! Now I can go back to putting my feet up and eating my Cheetos in peace during the long wait ahead...

[tywy_99]

Jim,

 

Another idea that might have some bearing is to get affidavits from her family and friends attesting to her child's custody.

I have heard of people doing this whent there is no birth certificate to be found. It just might help in your case.

 

-good luck

 

***

I just read your post. That's good news indeed!

[Yuanyang]

This idea may not be possible or even wise; just a thought. Would her ex-husband's family attest that the child can leave the country?

 

Like I said, that may not be wise depending on the circumstances, possibly opening another can of worms.

[Guest Gene]

That's great news Jim and since you have plenty of time you ought to follow through with Ty's idea also. Like I said in my previous post they didn't ask us for anything, but I think in the realm of child custody the more documentation the better

[Tine & Ella]

Jim,

 

Ella's ex-husband left them when Kelly was 2 years old, never paid any support or attempted to see his daughter. The VO did not even ask anything about custody. Ella's divorce stated she had custody of her daughter. Also the ex-inlaws would have no say about the child leaving the country. Good luck, you should not have any problems.

 

Tine & Ella

[tucsonjim]

Jim,

 

Ella's ex-husband left them when Kelly was 2 years old, never paid any support or attempted to see his daughter. The VO did not even ask anything about custody. Ella's divorce stated she had custody of her daughter. Also the ex-inlaws would have no say about the child leaving the country. Good luck, you should not have any problems.

 

Tine & Ella

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Tine, that is exactly the case with my SO and daughter. No support or contact ever since the divorce over 11 years ago by her ex or by any member of his family. The original divorce papers said and the new papers will say my SO has full custody, which is what the interview checklist item says we must have proof of. Since none of his family ever showed any interest, we're definitely not going there and we're not going to scour mainland China to find this guy to ask for permission!

 

I'm glad to hear about another similar situation to ours and that you had no problem, since you had the custody statement in the divorce decree.

 

Thanks much for sharing your similar experience!

[tucsonjim]

Jim,

 

Another idea that might have some bearing is to get affidavits from her family and friends attesting to her child's custody.

I have heard of people doing this whent there is no birth certificate to be found. It just might help in your case.

 

-good luck

 

***

I just read your post. That's good news indeed!

147595[/snapback]

Ty, thanks, I like that idea! We'll do that to have it in our hip pocket in case there is any question about it at the interview. That will be an easy one, so thanks much!

[david_dawei]

At CFL, 'ty in the hand is worth three in the bush' ... As always, great advice ty...