Spouse Visa with a Child

My boyfriend and I are planning to get married and have me move to the UK with him. We've been in contact with an immigration lawyer, and the paperwork we would need to provide it all seemed pretty straightforward. There was one thing that has been a constant confusion to me though, I have a child from a previous relationship, he is 4 and of course he will be coming with me. The issue is, the last thing the lawyer had on the list of papers to turn in was this:

"Evidence that the main applicant has sole responsibility of the dependent
child. This will need to be official court papers confirming the main applicant
is the sole parent in charge of the child's well being and that the biological
father does not play a part in any of the decision making on behalf of the
child."

I'm not sure what or where I would obtain such a thing. My son's biological father has never been in the picture, never seen him or contacted him, and isn't even on the birth certificate. I've assumed all this time that it was just implied that I was his sole guardian, so im not really sure how I would legally prove such a thing.

Has anyone ever run into this issue, or have any insight as to what it is that they are specifically looking for me to turn in with the paperwork? 

Have you ever gone to court or had anything that shows you have sole custody?  I had to change my visitation with my ex husband to be able to move.  So our modified divorce papers say I'm able to move and that I have to transport him back 3 times a year for visitation.  I wonder if the blank birth certificate would be enough?

You will need something official saying you have sole responsibility.  A letter from your doctor or child's school stating that you have always been the decision maker for the child and the father has no involvement has worked for people in the past.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/274510/annex-m.pdf

Is there a reason why you are using an attorney?  Unless you have a serious criminal conviction or overstay of a previous visa, there isn't a need.  It's a straight forward application and we can help with any questions you have here.

I'm not sure if I am of any help but I moved to the UK with my UK hubby back in 2014. I have 2 daughters from a previous marriage that I brought over with me. I didn't supply any divorce decree but a letter written from my ex-husband stating he is giving his consent to allow me to bring my daughters to the UK to live and understands I will have sole custody.

I was given a spousal visa and all 3 of us have been here now 2 1/2 years. I am getting ready to reapply for our FLR(M) and going through everything is a nightmare but the one thing I will need confirmation on is when the kids US passports are needing to be renewed both parents must attend and so trying to figure out what is needed since my ex is in the US.

I didn't supply any divorce decree

Do you mean for your spouse visa application? If so, you were very lucky! If either of you have been married before, the divorce paperwork is mandatory for the spouse visa application, to ensure that your current marriage is legal.

I was in a similar situation as you were when I initially applied for our first set of spousal/dependent visas. I provided my daughter's birth certificate, which only stated me as her parent. That along with her passport and all documents needed for our applications sufficed. I didn't have a letter written by my daughter's pediatrician or school. Hope that helps!

I had the same situation as you and the original birth certificate with only me listed as a parent has been sufficient in every situation so far.  We are on the final leg of citizenship now and it's always been fine for us that I'm the sole parent on the birth certificate.

By the way, my daughter was 4 when we moved over and I think it was a great age for her to make the move.  She adjusted really well. Good luck!