Declaration for child

[ckhang]

I hope someone here have an answer for me and my wife. My wife's interview is coming soon and this is the only paper that we still don't have cause the deabeat father does not want to sign. For those people who marry a single mother or have a fiance who is a single mother, do you need to have the deabeat father to sign a declaration for the child to immigrate to the USA? Since the deadbeat father has not provide any kind of support for living and caring expense and the child was listed as belong to the government before I married my wife, do you think it is necessary to have the child be declare?. My wife don't think she can get the court to give her sole custody. Help is needed, thanks.

[frank1538]

The general concensus is one of the following documents will usually be needed:

 

1. Nothing if the child is 18 or older. Otherwise...

 

2. A divorce decree stating that the mother has sole custody.

3. A sole custody order from the court.

4. A written consent from the biological father. I don't like to use the word "extortion", but sometimes a deadbeat father will want something in exchange for signing the consent.

 

I'm a little confused about your statement "the child was listed as belong to the government before I married my wife". Maybe you could shed a little light on this. If the government somehow has terminated the father's parental rights, I would think the document that did that would be sufficient as well.

[ckhang]

The general concensus is one of the following documents will usually be needed:

 

1. Nothing if the child is 18 or older.  Otherwise...

 

2. A divorce decree stating that the mother has sole custody.

3. A sole custody order from the court.

4. A written consent from the biological father.  I don't like to use the word "extortion", but sometimes a deadbeat father will want something in exchange for signing the consent.

 

I'm a little confused about your statement "the child was listed as belong to the government before I married my wife".  Maybe you could shed a little light on this.  If the government somehow has terminated the father's parental rights, I would think the document that did that would be sufficient as well.

185473[/snapback]

my step-daughter is only 3 years old.

 

My wife was never married to him or anyone before me. She said that the court can not give her sole custody. Stilll in court for the Fu Yuen Guang, something like "permission to be a caretaker" even though she IS the mother.

 

Well, we can't get the consent from the biological father that is why we go to court 3 months ago.

 

Anyway, to answer your confusion...in my step-daughter's IDD card before the change, my wife's name was not on the card because my wife was not marry. So in this case my wife said that my step-daughter belongs to the government and she is only the caretaker. We have to pay the government 40k rmbs to change the daughter's new IDD card to have my wife's name on it. No other paper saying the father's right is terminated.

[hlguan]

You asked the question about single mothers. This is very important. I too was in the same boat. SO single mother and no way to contact the father. I went to GZ and asked them. The first question they asked, is the father on the birth certificate. If no, there will be no problem. If yes, they can ask for a notarized statement from the mother that she is not and has not ever been married. Yes that's all. The problem, we could find no notary that would sign without DNA proof. We went to the interview and were lucky it did not come up. Good luck.

[Dean Hall]

In our case, nothing was ever asked for.

 

I believe that is because the divorce decree was very specific, and clearly stated that the father was a deadbeat, had never had any input in the childs life, and the mother was granted sole custody of the child.

 

It is very clear in the divorce.

 

How does your wifes divorce document read?

 

I never had any problems with the interview or the U.S. GUZ side of things, but ran into some issues when leavin the country with the child.

 

He followed a few months later due to school. The Chinese are very careful about letting children leave the country, especially a single male child.

I personally flew over to bring him back, and had his mothers passport, letter of permission, and could find my way through both the english and chinese copies of my wifes divorce document.

 

It was my being able to point out the pertinent paragraphs in the chinese divorce document that swayed them into letting the child leave with me at the airport. As I said, they are a little touchy about the single male child.

 

Dean

[ckhang]

You asked the question about single mothers. This is very important. I too was in the same boat. SO single mother and no way to contact the father. I went to GZ and asked them. The first question they asked, is the father on the birth certificate. If no, there will be no problem. If yes, they can ask for a notarized statement from the mother that she is not and has not ever been married. Yes that's all. The problem, we could find no notary that would sign without DNA proof. We went to the interview and were lucky it did not come up. Good luck.

185478[/snapback]

This is really helpful, hlguan. The father's name IS on the birth certificate and also on the hospital birth medical certificate. Thanks for your informations.

[ckhang]

How does your wifes divorce document read?

 

IDean

185480[/snapback]

My wife was not married to him, she was a single mom.

 

Dean, thank you for your answer too.

[frank1538]

You asked the question about single mothers. This is very important. I too was in the same boat. SO single mother and no way to contact the father. I went to GZ and asked them. The first question they asked, is the father on the birth certificate. If no, there will be no problem. If yes, they can ask for a notarized statement from the mother that she is not and has not ever been married. Yes that's all. The problem, we could find no notary that would sign without DNA proof. We went to the interview and were lucky it did not come up. Good luck.

185478[/snapback]

This sounds like good information relating to the birth certificate. Maybe that's the answer.

 

From your statement, it almost sounds like the mother is being viewed as a foster parent (caretaker?) with respect to her own child. If so and assuming there's enough time, could she formally adopt the child? If I recall, a formal adoption will terminate the parental rights of the father.

[hlguan]

You asked the question about single mothers. This is very important. I too was in the same boat. SO single mother and no way to contact the father. I went to GZ and asked them. The first question they asked, is the father on the birth certificate. If no, there will be no problem. If yes, they can ask for a notarized statement from the mother that she is not and has not ever been married. Yes that's all. The problem, we could find no notary that would sign without DNA proof. We went to the interview and were lucky it did not come up. Good luck.

185478[/snapback]

This is really helpful, hlguan. The father's name IS on the birth certificate and also on the hospital birth medical certificate. Thanks for your informations.

185482[/snapback]

OK then. Here's how I prepared. As I stated, I could not get my document notatized. So I wrote out a statement that my SO is not and has never been married and that the biological father has not been part of the child's upbringing etc. Then in case GZ asked for it I would have them notarize it. It may have worked, maybe not. But I had no choice.

Those others of you who's SO was married and are replying about divorce decree's, no offence, you are confusing the issue.

[ckhang]

From your statement, it almost sounds like the mother is being viewed as a foster parent (caretaker?) with respect to her own child.  If so and assuming there's enough time, could she formally adopt the child?  If I recall, a formal adoption will terminate the parental rights of the father.

185486[/snapback]

yes, that is what it sounds like..

[ckhang]

185482[/snapback]

OK then. Here's how I prepared. As I stated, I could not get my document notatized. So I wrote out a statement that my SO is not and has never been married and that the biological father has not been part of the child's upbringing etc. Then in case GZ asked for it I would have them notarize it. It may have worked, maybe not. But I had no choice.

Those others of you who's SO was married and are replying about divorce decree's, no offence, you are confusing the issue.

185487[/snapback]

This is about SINGLE MOTHER not related to divorce mother.

 

hlguan..thanks

[bubbafred10]

It's best to go to the Court and get sole custody of the child. It can be done by proof that your SO has been taking care (live and expenses) of the child, and that the deadbeat dad never put in a penny or visit. Your SO can get her relatives to vouch for her, either by testifying in Court or with written statements. The deadbeat dad has to appear in Court. I guess the deadbeat dad would be too ashamed to appear in Court and hear people denounce him for being so deadbeat. If, on the other hand, the deadbeat dad try to do claim responsibility etc, etc, then your SO should demand back payment of the cost of raising the child. I am almost certain the deadbeat dad will avoid such confrontation. This is the other angle and your SO can file two things: 1. Gain full custody of the child, and 2. Get compensation from the deadbeat. This is a two prong attack on that worthless deadbeat.

 

By the way, have you seen and read all the paperwork (i.e birth certificates, etc). There is something very big wrong in the whole story. Make sure your SO is on the up and up, and that she was never married before, and that the child really belongs to her. It is a bit strange to have the father's name on the birth certificate and not the mother's. And that's from a hospital? Sounds more like a voodoo hospital. That is very extremely strange. You figure Chinese system to be so strangely twisted and stupid, to omit the mother's name from the birth certificate. Are you kidding me? Who gave birth anyway, the deadbeat dad or the mother. Almost as good as immaculate conception and birth, except the father gave birth! Har, har, har, har! Yeah, right!? There is something wrong, big time. You may want to check this out in greater depth.

Edited January 25, 2006 by bubbafred10 (see edit history)

[ckhang]

It's best to go to the Court and get sole custody of the child.  It can be done by proof that your SO has been taking care (live and expenses) of the child, and that the deadbeat dad never put in a penny or visit.  Your SO can get her relatives to vouch for her, either by testifying in Court or with written statements.  The deadbeat dad has to appear in Court.  I guess the deadbeat dad would be too ashamed to appear in Court and  hear people denounce him for being so deadbeat.  If, on the other hand, the deadbeat dad try to do claim responsibility etc, etc, then your SO should demand back payment of the cost of raising the child.  I am almost certain the deadbeat dad will avoid such confrontation.  This is the other angle and your SO can file two things:  1. Gain full custody of the child, and 2. Get compensation from the deadbeat.  This is a two prong attack on that worthless deadbeat. 

 

By the way, have you seen and read all the paperwork (i.e birth certificates, etc).  There is something very big wrong in the whole story.  Make sure your SO is on the up and up, and that she was never married before, and that the child really belongs to her.  It is a bit strange to have the father's name on the birth certificate and not the mother's.  And that's from a hospital?  Sounds more like a voodoo hospital.  That is very extremely strange.  You figure Chinese system to be so strangely twisted and stupid, to omit the mother's name from the birth certificate.  Are you kidding me?  Who gave birth anyway, the deadbeat dad or the mother.  Almost as good as immaculate conception and birth, except the father gave birth!  Har, har, har, har!  Yeah, right!?  There is something wrong, big time.  You may want to check this out in greater depth.

185692[/snapback]

Well, I try to tell her that she can get sole custody with testify from her mom and brother.

 

I did read the birth certificate that was written from the hospital after birth.... Her name and the deadbeat father, both of there names are on the birth certificate.

Edited January 25, 2006 by ckhang (see edit history)