My fiancee's 12 yr old son and custody

[Mr. Don]

My friends. My fiancee has full custody of her 12 year old son but the custody agreement says that his dad can see him. Below is the translation of the custody agreement that my fiancee sent to me just now:

 

"the mother XXX XXXX is hearby granted full of custody of minor son XX XXXXX (son).

Child Visitation

the father can visit his son any time, but can't impact the son's study and life. the father will give the mother advance motice of any visits. the mother can't refuse his visit without a proper reason. on spring festival or holidays, if the husband wants to take the son away, he must get the wife's agreement."

 

She wants to bring him here with her when we get our K1. Is this custody agreement enough or does she need approval from his biological father (who barely sees him at all)?

 

Thanks for your help everyone

[credzba]

I don't think anyone can give you 100% answer.

Generally full custody means she can do anything she wants, but who knows what GUZ will think / do.

 

We had a similar situation, and got a consent from the biological father for our daughter to come to America.

I don't think GUZ read it or cared when the time came, but I was happy having it just in case.

 

The argument against this is it DID require contact with the ex, and my wife really did not want to see him in any way, still what was best for our daughter won out, and we got it done.

 

The local notary office had the proper text, did the notarization, and the translations (and notarized those).

Other than dealing with the ex, the paperwork was simple.

[Mr. Don]

This helps us a lot. Thank you!!

[SunShine5178]

My friends. My fiancee has full custody of her 12 year old son but the custody agreement says that his dad can see him. Below is the translation of the custody agreement that my fiancee sent to me just now:

 

"the mother XXX XXXX is hearby granted full of custody of minor son XX XXXXX (son).

Child Visitation

the father can visit his son any time, but can't impact the son's study and life. the father will give the mother advance motice of any visits. the mother can't refuse his visit without a proper reason. on spring festival or holidays, if the husband wants to take the son away, he must get the wife's agreement."

 

She wants to bring him here with her when we get our K1. Is this custody agreement enough or does she need approval from his biological father (who barely sees him at all)?

 

Thanks for your help everyone

[reblooming]

According to Chinese law, no matter the children full time live with which party of parents that divorced, the parents will share the custody.

[DongDong]

I don't think anyone can give you 100% answer.

Generally full custody means she can do anything she wants, but who knows what GUZ will think / do.

 

We had a similar situation, and got a consent from the biological father for our daughter to come to America.

I don't think GUZ read it or cared when the time came, but I was happy having it just in case.

 

The argument against this is it DID require contact with the ex, and my wife really did not want to see him in any way, still what was best for our daughter won out, and we got it done.

 

The local notary office had the proper text, did the notarization, and the translations (and notarized those).

Other than dealing with the ex, the paperwork was simple.

 

Our case was very similar to this with my wife’s daughter.

Only the father had full custody of ‘our’ daughter, but my wife managed to get him to sign a notarized document saying it was all right for her to travel to the US. The issue was never brought up at the interview and I am not sure anyone really looked at it. However, we were glad we had/have this document just in case.

We have been back and forth to China without any problems and her biological father has seen (and can see) her then.