Non O Visa for Father of Thai Child After Divorce

[GreatEastern]

I'm looking for some clarification on the issue of obtaining a new visa (renewing a Non O visa based on being the father of a Thai child) after filing divorce.  I've been in Thailand for over 10 years now, and have been married.  I was on a Non O for a Thai spouse up until last year, when I changed to Non O for a Thai child, due to some complications with the income docs. My son is Thai/American.

 

My wife and I recently seperated, and are preparing to file the divorce paperwork.  There seems to be conflicting information about weather or not it's possible for me to get this same visa, with all the same requirements, after the divorce has been filed.  IE, no marriage certificate, etc.  She's still living here, so our son is spending part of the time living with her, and part of the time living with me.

 

Does anyone have experience with this?  Is it possible to apply for it here in Bangkok, or do I need to leave the country to apply for it.  My son is enrolled in an international school, and I'm paying the tuition.  The school will issue the certificate, as they did last year.  the only difference is that I won't be married when I apply for it this year.

 

Thanks for your help!

[ubonjoe]

If your extension of stay (it is not a visa) is based upon being the parent of Thai it will remain valid when you get divorced.

When you get divorced you will need at least joint custody of your child to apply for a new extension.

No need to get a new non-o visa to apply for your next extension of stay.

[jphasia]

I have been in the same situation. Married with Thai and having a son, I divorced about 10 years ago. I made sure during the divorce process (at the Amphur) to get the full custody of my son, which has been clearly mentioned in the divorce certificate. Since then, I have getting Non O based on Thai Child (always 1 year Multiple Non O, I never applied for extension as I am not full time in Thailand) without any issues. I don't think getting Non O / extension based on Thai Child is related with marriage / divorce status as long as you have been officially recognized as the father (I might be wrong on that) because I never asked to provide any marriage / divorce certificates for such visa. My son is 20 years old now (getting to 21 in couple of month) and I got my last 1 year Non O based on him last November 2019.

[Mattd]

1 hour ago, jphasia said:

I don't think getting Non O / extension based on Thai Child is related with marriage / divorce status as long as you have been officially recognized as the father

The OP will, as UJ says, have to prove he either has sole or joint custody of the child after the divorce, he will need to prove this via the Kor Ror 6 issued at the time of the divorce and depending if the divorce was via a court, then the court papers stating the custody.

Just proving he is the Father is not sufficient.

[GreatEastern]

2 hours ago, Mattd said:

The OP will, as UJ says, have to prove he either has sole or joint custody of the child after the divorce, he will need to prove this via the Kor Ror 6 issued at the time of the divorce and depending if the divorce was via a court, then the court papers stating the custody.

Just proving he is the Father is not sufficient.

That's great news. Thanks for the advice.  We're not going through the court, we're just planning on filing at the Amphur.  I should be able to get the Kor Ror 6 issued there then it sounds like, stating joint custody, correct?