Problem getting a parents right as a father when I'm married in my home country?

[shon12345]

hi

I'm married in my home country 
Married to a woman I'm not in touch with her but she  refuses to sign a divorce...
In Thailand my girlfriend got pregnant and we look forward to this child and I want to raise him and live with him
1. Will they give me problems getting rights for my child?

my giril freind in thailand have more 5 mounth to give a birth

Sorry for my English...

Edited September 28, 2017 by shon12345

[Preacher]

You will have to apply at the local family court to be recognized as the legal father and be awarded parental rights. That will be a simple straightforward process if the mother agrees, but will take some time and probably cost you for the lawyer.

 

You might also want to inquire with your embassy about getting the child your own nationality.

 

[JusticeGB]

You must be registered as the father of the child on the birth certificate. The child can take the Nationality of the father. Without being on the birth certificate it will be much more difficult to get far. 

[Preacher]

7 hours ago, JusticeGB said:

You must be registered as the father of the child on the birth certificate. The child can take the Nationality of the father. Without being on the birth certificate it will be much more difficult to get far. 

Being on the birth certificate as the father has no meaning in Thailand.

 

Different countries have different rules regarding legitimization of children and the child being able to acquire the fathers nationality. Without knowing the nationality of the father there is not much advise you can give.

[soalbundy]

You shouldn't have any problems because of being married to someone else. I am married to a Thai but live with another woman with whom I have a son and am a legal father despite this although I had to swear that my wife had no objections (she didn't have any because she didn't know). As someone else said you will probably need a lawyer as this will have to be done in court but it is quite straight forward however if you don't speak Thai you will probably need a translator as well. 

[shon12345]

7 hours ago, soalbundy said:

You shouldn't have any problems because of being married to someone else. I am married to a Thai but live with another woman with whom I have a son and am a legal father despite this although I had to swear that my wife had no objections (she didn't have any because she didn't know). As someone else said you will probably need a lawyer as this will have to be done in court but it is quite straight forward however if you don't speak Thai you will probably need a translator as well. 

thank you i am more relaxed to know that

and for translator i have my thai girlfriend who in pregnant  she can do that right ? 

and where they told you to swear? at court ? maybe is becuse u marry with thai so tham know that 

can be maybe tham cannot know that i marry ? becuse in passport Not written married

and with lawyer is done more simple and fast ? 

 

[soalbundy]

6 hours ago, shon12345 said:

thank you i am more relaxed to know that

and for translator i have my thai girlfriend who in pregnant  she can do that right ? 

and where they told you to swear? at court ? maybe is becuse u marry with thai so tham know that 

can be maybe tham cannot know that i marry ? becuse in passport Not written married

and with lawyer is done more simple and fast ? 

 

you don't need to tell them more than they ask, but if they do then tell the truth,your lawyer can advise you. As for swearing, that was perhaps exaggerated, the judge asked me if my wife had any objections and I said no. My case was further complicated because my partner/girlfriend/whatever had two young daughters (now adults) so the department for child welfare was also involved and I had to bring Thai witnesses to testify to my good character and that we had lived as man and wife together for a year or so and the children were asked if they had objections, a notice was posted in the village concerning me and my intentions so anybody could raise objections if they wished. I was interviewed by child welfare officers who also visited us at home, I think they made a report for the court saying that they had no objections. The cost for the lawyer 12 years ago was 9,000 Baht then there were court costs (12,000 Baht). I can speak Thai so I didn't need a translator but if you need one it must be an official translator, not your girlfriend and they aren't cheap. It is a very official matter, a proper court room with lawyers and judges in robes also members of the public can observe the proceedings. I received the document of legalizing my fatherhood about two weeks later. Good luck. 

[shon12345]

thank you vary mach for you answer . You helped me a lot

Your case happened years ago and i hope things have not changed
I hope my case will pass quickly

 

[shon12345]

On 9/29/2017 at 4:03 PM, Preacher said:

Being on the birth certificate as the father has no meaning in Thailand.

 

Different countries have different rules regarding legitimization of children and the child being able to acquire the fathers nationality. Without knowing the nationality of the father there is not much advise you can give.

i am from israel

Edited October 3, 2017 by shon12345

[Kenny202]

Ive just been through the process. Similar circumstances. My name on the BC. As previously mentioned, doesn't mean jack in Thailand. I had also made my son an Aussie citizen by decent. Which means I am his legal Dad in Australia. But not in Thailand. If I was going to live with him in Australia I wouldn't have bothered.

 

My lawyer cost 15,000 baht to manage the process. I was advised you could fill out the forms yourself but I was told by the provincial court where I live, the court would not let me represent myself. It shows lack of respect to the judge or something.

 

So your lawyer will tell you initially what documents you need to provide. Pretty basic stuff. Your lawyer lodges all of the documents and application. After about a month yourself, your wife, the child and in my case wife's mother (as a third party witness to attest history) front to the juvenile welfare area for an interview. Each person has to give a statement of the parents history and history of the child. Takes about 3 or 4 hours. 

 

Then a further month later you have to appear in court in front of the judge. Your lawyer will ask you to answer about 10 preselected questions in front of the judge and then its up to the judge. My GF is very black and my child looks farang 100% so Im not sure if that swayed the judge but she granted me the legal father. She did say though normally in the case of a foreigner DNA testing is required. I guess I was lucky.

 

About a month after the ruling you will receive your judgement paper and you need to lodge that at the Amphur where the child is registered so you are officially recorded as the legal father. Probably sounds a lot but a relatively easy process. I believe DNA testing around 5000-8000 baht if required.

 

My reasons for doing to were in case in the future something happened to my GF, I would have the right to gain custody of him....rather than the grandmother or family taking him and me having no control. They would only do this if there was some gain in it for themselves. 

(Me and the GF have since split and son is in my care) 

 

By the way. One of the first questions the judge will ask you is why don't you marry the lady. Just say you were and are married in your home country and your religion doesn't allow remarrying. They seem to accept that

 

 

 

Edited October 8, 2017 by Kenny202
Forgot info

[shon12345]

On 10/8/2017 at 4:11 PM, Kenny202 said:

Ive just been through the process. Similar circumstances. My name on the BC. As previously mentioned, doesn't mean jack in Thailand. I had also made my son an Aussie citizen by decent. Which means I am his legal Dad in Australia. But not in Thailand. If I was going to live with him in Australia I wouldn't have bothered.

 

My lawyer cost 15,000 baht to manage the process. I was advised you could fill out the forms yourself but I was told by the provincial court where I live, the court would not let me represent myself. It shows lack of respect to the judge or something.

 

So your lawyer will tell you initially what documents you need to provide. Pretty basic stuff. Your lawyer lodges all of the documents and application. After about a month yourself, your wife, the child and in my case wife's mother (as a third party witness to attest history) front to the juvenile welfare area for an interview. Each person has to give a statement of the parents history and history of the child. Takes about 3 or 4 hours. 

 

Then a further month later you have to appear in court in front of the judge. Your lawyer will ask you to answer about 10 preselected questions in front of the judge and then its up to the judge. My GF is very black and my child looks farang 100% so Im not sure if that swayed the judge but she granted me the legal father. She did say though normally in the case of a foreigner DNA testing is required. I guess I was lucky.

 

About a month after the ruling you will receive your judgement paper and you need to lodge that at the Amphur where the child is registered so you are officially recorded as the legal father. Probably sounds a lot but a relatively easy process. I believe DNA testing around 5000-8000 baht if required.

 

My reasons for doing to were in case in the future something happened to my GF, I would have the right to gain custody of him....rather than the grandmother or family taking him and me having no control. They would only do this if there was some gain in it for themselves. 

(Me and the GF have since split and son is in my care) 

 

By the way. One of the first questions the judge will ask you is why don't you marry the lady. Just say you were and are married in your home country and your religion doesn't allow remarrying. They seem to accept that

 

 

 

thank you so mach for that answer 

i send private massage with question

[Kenny202]

9 hours ago, shon12345 said:

thank you so mach for that answer 

i send private massage with question

Do love a private massage :-)