Child visa settlement - sole responsibility

Ok everyone, I have a serious question. I am moving over at the end of April next year to live with my husband and I will be applying for a settlement visa as a spouse of a UK citizen. I will also be apply for a settlement visa for my 13-year old son.

I have to prove sole responsibility for my son in order for him to receive a settlement visa. The reason is that I do not have a way to contact his biological father and ask for a certified letter giving his permission to move.
I have court documents from 1998 that give me full legal custody of my son. I used these documents to get his passport just this year. Everything went smoothly and there was no delay in getting it.

Upon research, it seems that sole responsibility is not the same as sole custody. I have read the HO info on it and that sole responsibility includes that one is responsible for making educational, religious, and other decisions pertaining to the child for a substantial period of time as well as many other issues listed.

My situation: my son was born out of wedlock in 1997. Court ordered paternity was established and subsequently court ordered child support was established. This child support is garnished from the father's checks so it is completely involuntary. I have received this child support since 1998. The father has had nothing to do with my son at all his entire life. I am not sure how to prove that. I have medical records for my son for many years, and some of these documents indicate that he lives in a single-mom family and that the father is not involved. Also, I have his school records that show that I am the one involved in the school decisions. I can provide the last few years tax forms indicating that I claimed my son as a dependent (living arrangements). I also have the court document that gives me legal custody.  I have carried my son on my health insurance, which I'm sure I could get some documentation to prove.

I will have my father write a certified letter stating that my son's father has no communication or interaction with my son.
His father's last known location is 1700 miles away from our city, which I have lived with my son for the last 11 years.
I have found a tenant agreement from 1999 stating that my son and I would be living in a cottage for a period of time.

Can anyone provide additional information or suggestions as to what I could provide to prove my sole responsibility?

Has anyone successfully done this before?

If you have court documents that show you have full custody then you don't have to prove anything else. Sole Responsibility does not come into play when there is a court order that says you are the only person that is allowed to make decisions for your child.

You do not need any other documenation. Other than if you're going to be using the child support that you receive as proof of Maintenance then you'll need your order & checks or other proof of child support paid to you.

That is the first time i have had someone tell me that. Everyone else has told me that I barely have a shot without his father's written permission.
The court order that I have is the one that establishes child support and it also states that I have custody of the child.

Might I ask why there is a misunderstanding, as it where, by others that I would need to show sole responsibility in addition to the sole custody that I have.

MTA: these others are not immigration specialists.

Sole Responsibility can be demostrated by your court order of full legal custody...nothing else is needed and others have done just the same. But, here is the Entry Clearance Officer's guidance on 'Sole Responsibility':

SET7.8 What is sole responsibility?

A sponsoring parent (see SET7.2) must be able to show that he/she has been solely responsible for exercising parental care over the child for a substantial period.
 
If the sponsoring parent and child are separated, the child will normally be
expected to have been in the care of the sponsoring parent's relatives rather than the relatives of the other parent. An application should normally be refused if the child has been in the care of the other parent's relatives and the other parent lives nearby and takes an active interest in the child's welfare.

The following factors should be considered in assessing sole responsibility:

Are the parents married / in a civil partnership?

If the parents' marriage / civil partnership is dissolved, which parent was  awarded legal custody, which includes assumption of responsibility for the child?

Where there is a custody order the ECO should take care to ensure that the issue of a settlement entry clearance to the child will not contravene the terms of the custody order. Annex 1 contains a list of those countries whose custody orders can be recognised as valid in UK.

Does the marriage / civil partnership subsist, but the parents do not live together?

If the sponsoring parent migrated to the UK, how long has the sponsoring parent been separated from the child?

If the sponsoring parent migrated to the UK, what were the arrangements for the care of the child before and after the sponsoring parent migrated?

If the sponsoring parent migrated to the UK, what has been/what is the sponsoring parent's relationship with the child?

Has the sponsoring parent consistently supported the child, either by:
direct personal care ; or by regular and substantial financial remittances?

By whom, and in what proportions, is the cost of the child's maintenance borne?
Who takes the important decisions about the child's upbringing, for example where the child lives, the choice of school, religious practice etc?

Emphasis mine. The only time consent from the other parent is needed is when there is a joint custody order.

You have full legal custody, you don't need anything else.

Just to add here's a topic from last year that may help ease your fears: http://talk.uk-yankee.com/index.php?topic=56885.msg807633#msg807633

The person posting this message in particular received their visas shortly after this.

Thank you for the information and your patience.
It is all very much appreciated.

You're most welcome. 

WebyJ,
I'm so happy I could just kiss you!!
I took some time and looked at your emphasis...thank you so much!

Awww...shucks   

Just becareful who you listen to out there in the immigration public. Remember that your situation is not like anyone elses and what they did may not be what you need to do...and when in doubt double check here on UKY and with the actual immigration laws, regulations & guidance because that is where my information that I share comes from. If it's not in the guidance I don't say it.

Good Luck to you!