Need advice for a spouse visa and children.....

[mrsj75]

Hello board....

I am a US wife married to a UK husband. We have an infant son together. My oldest daughter will be given permission by the court to live in England, from my ex husband.

My question is about my other 2 children. There is no father listed on their birth certificates. Neither man has ever been involved, has ever wanted to be involved, won't be involved. I have been the sole provider and no child support has ever been paid. What do I need to prove sole custody? I wouldn't even know where to look for either man.

Is their birth certificate, with just my name listed, proof enough?

[reabs]

States have differing laws regarding abandonment by the father but on the whole, natural law upheld in most places including here in the UK is that the birth mother has parental responsibility unless she legally extinguishes it for instance in an adoption. If unmarried, and the father is not listed on the birth certificate and he has not petitioned the court for his parental rights to be recognised, then he is out of the picture at least until the child reaches the age of 18. However, with all the recent hysteria about children being taken out of country by one parent unbeknownst to the other and without their consent, it is likely the UK authorities may ask for a little more than a birth certificate.

Note also that the US authorities require a document showing that you have sole custody of any children below 16 before issuing them with passports - this is to prevent parental child abduction (a federal crime). So, the same document you would use to prove this (a custody decree) would be used again with the UKBA.