Custody document needed - No Ex... what to do?

[HaoRan]

My wife went for her interview yesterday. Everything was fine with one exception. She needs a Custody document saying that her son is indeed hers from the Chinese Government. After she provides this document she will have pink the VO said.

 

The problem is she gave birth out of wedlock in South Africa so there was never a divorce proceeding and custody was not defined. The father was not on any of the legal birth documents and she is not in contact with him for 7 years.

 

In Chinese law, can she have Custody declared to her by default?

 

Or Any other suggestions would be great. My wife does not trust attorneys in China but if anyone knows an honest one in Shanghai they can recommend I would be greatful.

 

Thanks,

[nandj]

We were in the same situation, with GUZ not believing my wifes son was hers. They wanted to see pictures of her and son together as he was growing up. Since she did not have many pictures, we got affidavits from family/friends stating that they knew of the relationship. My wife also got his school and medical records too. Gather as much evidence as possible to prove the relationship.

 

I have seen on occasion that GUZ will ask for a DNA test if they really do not believe the evidence, but I hope you will not have to deal with that headache.

 

Best of luck,

Ning and Jim...

[Randy W]

Whoa, here! This is a case of "Who's your daddy?"

 

Sounds like she will need to work with the Chinese authorities. What does his hukou say?

[HaoRan]

Hukou says he is her son. My wife has Birth Certs from South Africa saying he's hers. All the legal document says he is hers.

 

I think they are not questioning that the boy is hers, just there is no contest with the father.

 

Randy, this is not a case of "who's your daddy", that was not a nice statement.

[Randy W]

Hukou says he is her son. My wife has Birth Certs from South Africa saying he's hers. All the legal document says he is hers.

 

I think they are not questioning that the boy is hers, just there is no contest with the father.

 

Randy, this is not a case of "who's your daddy", that was not a nice statement.

 

 

My understanding from your first post is that the question is, where is the father's permission. I did not mean that in an offensive way at all

 

Document what you can - the Chinese allowed him into the country and gave him a hukou, so there (ultimately) shouldn't be a problem

[HaoRan]

Ok, thanks Randy,

 

But how to satisfy the US VO? He's already looked at the documents.

 

Hukuo, birth cert, etc...

[nandj]

My wife had her son's birth certificate too but they still were not 100%convinced of the relationship. Even though pictures are not formal evidence, they seem to weigh higher than documents that we take for granted here in the US as fact.

 

We were also asked for contact info for her ex-husband, which unfortunately you are unable to provide. It is difficult to know eaxacly what they want or will accept as truth. I wish you the best of luck.

 

Ning and Jim...

[Randy W]

Ok, thanks Randy,

 

But how to satisfy the US VO? He's already looked at the documents.

 

Hukuo, birth cert, etc...

 

 

Wow, that's pretty sticky. I think the only thing you could do is talk to a lawyer in China about what could be done in the Chinese courts.

 

You could also simply re-submit everything you have, alomg with an explanation of what you have done to attempt to satisfy their request.