Divorce and Custody

[4MyEgo]

1 hour ago, BritManToo said:

I quite often lie in beds I haven't made.

Me too......

[Nevalern]

6 hours ago, Skallywag said:

So you married this woman after 3 months. (4 years - 3 years 9 months)

How old is the "daughter"  must be under 3.3 years yes?  (4 years - 9 months)

If your wife is habitual liar, did you ever consider the young girl may not be your biological daughter?  After realizing she has 2 other children from other men?

 

If you are married when child is born, yes you are deemed the "father" in Thai courts.

If you are not biological father, then you may want to go a different route. 

You would need to get a DNA test, go to court, etc...

 

Always cynical when it comes to lying women am I. 

 

Just an observation 

Child is mine DNA/ Blood tests done at birth. With her lies at first I gave her benefit of doubt. Lesson learned or nothing earned.

 

[Nevalern]

7 hours ago, fullcave said:

Another thing to consider is that in Thailand in custody dispute in most cases the daughter goes with the father and if it's a boy it goes to the mother. Not sure why but every Thai knows that including your estranged wife. Most likely this is why she has not already stollen her. 

Yes I have been told this many times. Onward and upward. Cheers

 

[Nevalern]

4 hours ago, strabel23 said:

You are asking questions on Thai visa that should be addressed by a Thai lawyer. Anyones opinion is just an opinion based on an assumption. Do yourself a favor and get proper legal advice from a certified lawyer

I have spoken to a couple of Thai lawyers and I have received more and better information on here than they could give me. Just because they're certified doesn't mean much in this country, look at all the certified English teachers in this country certified by Thai government as is on work permit. But I hear you and am narrowing it down to a couple.

[jimn]

On 8/6/2019 at 8:58 AM, Nevalern said:

Because I have poor judge of character skills and I had a manipulative wife  at home who sucked it out of me through various ways. Visa problem was my mistake and when I found out, it was too late. I've been here 4 Years and have been good with Visas, and with the sudden change in my relationship was distracted enough to put me in the shit. And No i didnt wait 2 months after the fact to do something, I waited 2 months to put it on here. I've been trying to figure out a solution  along with my battling my ex over property and my daughter. Some of us arent as perfect as others. 

OP because this is in the marriage forum the type of advice you are getting is obviously centred around this. I can tell you however your most pressing concern is your VISA issue, because if you dont sort it out immediatly everything else pails into insignificance because you will be deported. So please take a step back. Firstly what is your visa problem? You might be able to get some good advice. Another poster asked you how you were able to work, did you have a work permit or work illegally. These questions are all relevant. Once you are legal you can begin to sort your problems out, delay and I am afraid you are on the backfoot and any rights you may have to seeing your child will go out the window. Good luck

Edited August 7, 2019 by jimn

[Tony125]

29 minutes ago, Nevalern said:

Child is mine DNA/ Blood tests done at birth. With her lies at first I gave her benefit of doubt. Lesson learned or nothing earned.

 

In that case does child have Austrailian passport? If not why have you waited this long to get her one? First things first are you on overstay? If over 90 days even if you turn yourself in at airport and pay the 20,000 baht fine you will recieve a 1 year ban. If caught  a 5 year ban. I think in that case she could file for abandonment and get a divorice and full custody. You need to clear up that visa problem fast as she probably will report you to immigration. If your already facing a 1 year ban even if you turn yourself in then I have no ideas  how to procede as  I think you have put yoursel in a deep mess.

[Janner1]

Hi Nevalern, First let me say my sympathies and good luck wishes are with you 100%.

There are two things you need immediately 1 A fully qualified professional PI to find all he /she can about the two other children, this really is of the utmost importance in this matter as that information will stand at the highest point in any legal negotiations.

The whys and wherefores will win it or lose it for you, so spend your money in that direction for now because if you make her an offer you will lose in two ways, she will demand big money and any court will look down on your efforts to BUY your daughter, They will not care that she is using the child as a pawn for money

 

2 Spend some time to find a good honest brief ( yes I know not easy here ) but they are out there so get on the net and look for family lawyers with good reviews.

 

Good luck I hope you and any one else in your situation will have the highest success

[KhaoYai]

On 8/5/2019 at 1:30 PM, BritManToo said:

Without a divorce and a subsequent custody order, either parent can legally take and possess the child.

That is not true, from experience - in Thai law custody defaults to the mother unless proof is put before a family court as to why she is unfit for that task.

 

My experience - ex wife's custody battle with her ex and his parents. Our lawyer told us the law, Ubon Ratchathani court agreed and ordered her son be returned.  When her ex failed to turn up with him both he and his parents were given a week to produce the boy to the court and told they would be arrested immediately if they failed to do so - they produced him.

Edited August 8, 2019 by KhaoYai

[Awk]

On 8/7/2019 at 10:35 AM, Nevalern said:

I have spoken to a couple of Thai lawyers and I have received more and better information on here than they could give me. Just because they're certified doesn't mean much in this country, look at all the certified English teachers in this country certified by Thai government as is on work permit. But I hear you and am narrowing it down to a couple.

 

Wise choice.  I was in your boots some years ago, and got the same idiot-responses: "don't ask here, ask a qualified lawyer".

 

What all the people spouting that nonsense don't understand is that you need to know a fair amount about these things before you can competently evaluate any lawyer.  Many lawyers will be just as clueless as the members spouting "ask a lawyer" here, and you don't want to discover your mistake in choosing an incompetent lawyer when standing in court.

 

Fortunately, at least if you search this forum for older posts, you will find some very useful information from other members who have "been there, done that".  

 

Edited August 9, 2019 by Awk