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This is a great question that is keeping me from sleeping right now.  My understanding is that as long as Divorce Decree states sole custody this is enough, but I'm still worried.

Sole custody is the correct answer. GZ won't deny a visa if that's included in the final divorce. The ex can cause problems but not legal ones. He's likely just looking for a pay off. Stand your ground and don't give him a dime. Just keep the kid away from him.

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An ole mans 2 cents-

 

Getting the visa is probably not the real issue, although GZ is careful about it.

 

The real issue comes down to when you exit the airport at your given exit point in China.

 

The Chinese give close scrutiny to the childs paperwork, and rightfully so.

 

The Chinese questioned my stepson at length, and he repeatedly told them that I was his father.

 

I then stepped in and handed them my wifes divorce decree. Even though you may not read Chinese script, it is imperative to at least know where the pertinent sections are in the document.

 

I pointed to the line that stated that not only did my wife have sole custody, but that he had also not seen his son in 10 years.

 

That settled it, and we were free to go. (Actually had more trouble than that at the POE, but thats another story)

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Even with full custody the visa can be difficult to get without the father's written permission. One member had to pay the father a fairly hefty sum to get him to sign. Another instance I know of the womans father had connections to the court so a court order was made giving the child permission to go. Need good guanxi for that one though. Many of these men see the children as their retirement so they are reluctant to let them go.

Good luck

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