My Fiances Son

[skypilot714]

First I have to say that some of the laws in China are prehistoric I swear I have a huge problem. My So's Divorce papers only say that she is "Fostering" her son which from what I understand means that she has custody Her Ex has not once paid any kind of support the man has never even laid eyes on his kid but because of their barbaric laws it does not say on her papers that she has full custody it just says she will "Foster" the child

Now we have hired her lawyer (and paid her 3000 Yuan) to get the courts to say she has full custody Yesterday we find out that the courts consider her case closed and they will not do anything. Going to her ex and getting this sob to sign over his rights is impossible She does not even know where he is or how to contact him and she told me even if she did find him there is no way this bozo would ever sign a paper i am lost as to what to do!!

Her lawyer said that she would go to the notarization place and get some kind of document saying she has custody Is this possible? Will the VO except this? She was also going to get sworn statements from her friends that say her ex abandoned her in 2005 Any suggestions would be appreciated

[dnoblett]

First I have to say that some of the laws in China are prehistoric I swear I have a huge problem. My So's Divorce papers only say that she is "Fostering" her son which from what I understand means that she has custody Her Ex has not once paid any kind of support the man has never even laid eyes on his kid but because of their barbaric laws it does not say on her papers that she has full custody it just says she will "Foster" the child

Now we have hired her lawyer (and paid her 3000 Yuan) to get the courts to say she has full custody Yesterday we find out that the courts consider her case closed and they will not do anything. Going to her ex and getting this sob to sign over his rights is impossible She does not even know where he is or how to contact him and she told me even if she did find him there is no way this bozo would ever sign a paper i am lost as to what to do!!

Her lawyer said that she would go to the notarization place and get some kind of document saying she has custody Is this possible? Will the VO except this? She was also going to get sworn statements from her friends that say her ex abandoned her in 2005 Any suggestions would be appreciated

All good suggestions, if has evidence that father has abandoned child, and the notary office will provide a document stating that father is nowhere to be found, then should be acceptable by the consulate.

 

Note what consulate's form OF-169 says about this:

CUSTODY DOCUMENTS

 

If the petitioner is not the birth parent of a child（under 18) on a petition, you must bring evidences that either (1) the petitioner’s spouse has legal custody of the child , or (2) a notarized statement from the birth parent who has legal custody of the child, giving permission for the child to immigrate.

http://photos.state.gov/libraries/guangzho...m169-May_09.pdf

 

NOTE is says "IS NOT the birth parent" if your your fiancee IS the birth parent then she is considered by the consulate to have legal custody.

 

So some statements indicating that father has abandoned the child should do.

Edited December 16, 2009 by dnoblett (see edit history)

[dnoblett]

Note this is not a first step discussion, this comes into play at the P-3 ~ Consulate stage. Moving

[steveandrong]

First I have to say that some of the laws in China are prehistoric I swear I have a huge problem. My So's Divorce papers only say that she is "Fostering" her son which from what I understand means that she has custody Her Ex has not once paid any kind of support the man has never even laid eyes on his kid but because of their barbaric laws it does not say on her papers that she has full custody it just says she will "Foster" the child

Now we have hired her lawyer (and paid her 3000 Yuan) to get the courts to say she has full custody Yesterday we find out that the courts consider her case closed and they will not do anything. Going to her ex and getting this sob to sign over his rights is impossible She does not even know where he is or how to contact him and she told me even if she did find him there is no way this bozo would ever sign a paper i am lost as to what to do!!

Her lawyer said that she would go to the notarization place and get some kind of document saying she has custody Is this possible? Will the VO except this? She was also going to get sworn statements from her friends that say her ex abandoned her in 2005 Any suggestions would be appreciated

As long as she has the custody (fu yan quan) and is stated as so in her divorce booklet, she can get this translated, notarized and certified....then she can take the boy with her.....we went through this with both of Rong's two children

[Randy W]

Perhaps you could post here what the decree actually says in Chinese. I'll bet it does mean that she has custody.

[weiaijiayou]

As long as she has the custody (fu yan quan)

fu yang quan (¸§ÑøȨ)

[steveandrong]

As long as she has the custody (fu yan quan)

fu yang quan (¸§ÑøȨ)

...yes....fu yang quan

[splinterman]

As long as she has the custody (fu yan quan)

fu yang quan (¸§ÑøȨ)

...yes....fu yang quan

 

You MIGHT possibly be looking at a DNA test required by the consulate to establish that she actually is a birth parent...

[Randy W]

As long as she has the custody (fu yan quan)

fu yang quan (¸§ÑøȨ)

...yes....fu yang quan

 

¸§ÑøȨ translates as "Foster power" through Babel Fish, so I'll bet the decree says exactly that (¸§ÑøȨ).

 

Sounds like no problem here, except for a slight misinterpretation.

Edited December 17, 2009 by Randy W (see edit history)