I just re-entered 2 months ago and got stamped in for another year on my O-A visa.  I'll have to start thinking about an extension of stay in 8 months.  I am married (amphur) and we have a 10 year old son who holds citizenship USA and Thailand.  I anticipate dissolving the marriage in the next month or two.   I am on his birth certificate as the father.  I've seen discussion here about DNA tests but that can't possibly be necessary.  There is no dispute that I am the father.

 

What will I need to file an extension of stay based on my son?

Immigration does not require a DNA test to prove you are the parent of your child to apply for an extension of stay based upon being the parent of a Thai.

You are legal father of you child due to you being married to their mother. If not married you would have to have your parenthood legitimized.

You will need at least joint custody of your child when you get divorced. 

You will need 400k baht in a Thai bank or proof of 40k baht income.

3 hours ago, ubonjoe said:

Immigration does not require a DNA test to prove you are the parent of your child to apply for an extension of stay based upon being the parent of a Thai.

You are legal father of you child due to you being married to their mother. If not married you would have to have your parenthood legitimized.

You will need at least joint custody of your child when you get divorced. 

You will need 400k baht in a Thai bank or proof of 40k baht income.

Would not joint custody be assumed when both agree to the divorce?  

 

She also agrees to give up her parental rights. 

1 minute ago, TonyClifton said:

Would not joint custody be assumed when both agree to the divorce?

It depends upon what is written in the agreement. If amicable it could be sole or joint custody.

 

2 minutes ago, TonyClifton said:

She also agrees to give up her parental rights. 

Even better for you since you could do many things yourself without her permission. For example applying for the child's Thai passport.

4 minutes ago, ubonjoe said:

It depends upon what is written in the agreement. If amicable it could be sole or joint custody.

 

Even better for you since you could do many things yourself without her permission. For example applying for the child's Thai passport.

Our son, my son, has both passports but he is 10.  He will need permission to get the next one of each. That is the reason why she is ok giving up her parental rights. I expect with me around, she will stop taking her meds and things will go downhill from there. 

 

Are you saying that we can sign an agreement when we divorce?  And it doesn't matter if it is in English?  How is this done?

 

29 minutes ago, TonyClifton said:

Are you saying that we can sign an agreement when we divorce?  And it doesn't matter if it is in English?  How is this done?

Yes you do one and it is attached to the divorce decree done at an Amphoe. It has to be done in Thai.

It can be done and agreed to before going to the Amphoe. It is then presented to the official doing the paperwork and when it is signed in front of them it becomes part of the official divorce document.