In Need of Information

[jingjai9]

I am a forgeigner working in Thailand with a minor foreign child (under age 20). Recently my child was denied a one-year extension of an O-type visa on the grounds I could not produce a court order which awarded me sole custody of the child nor evidence of a marriage certificate. The child had been given the one-year O type visa at the same immigration office without either of the aforementioned documents for the previous seven years. I was never legally married to the child's mother so no marriage certificate exists. This child has been in my custody since birth. The child is now on a 90-day visa and needs to extend again in September. I was told by immigration that the officials in the very same office (of course no longer working there) who had granted us the visa in previous years were wrong and now the regulations were being followed correctly.

 

What can I do? 
 

Edited July 12, 2021 by jingjai9
lack of pronoun for clarity

[BritTim]

Do you have the Child's birth certificate? Is the mother Thai? Are you named as the father on the birth certificate?

 

If the child's mother is Thai, the child can claim Thai nationality which makes everything a great deal easier. If  you have difficulty achieving this, use an immigration lawyer to get it done.

 

What is the child's age? Unless very young, you should be able to legitimise your status as the father at the local amphoe with the child with you. It would be easier to achieve if the mother goes with you also. Sole custody should not be necessary as long as your parentage is legitimised.

[ubonjoe]

The birth certificate should be enough it you are shown on his birth certificate. I assume it is not a Thai birth certificate.

This from the immigration order for the required documents under clause 2.20 of order 138/2557.

"2.20 In the case of being a family member of an alien permitted a
temporary stay in the Kingdom

4. Copy of documents proving relationship, such as a marriage certificate, a birth certificate, registration of child legitimization, household registration certificate, child adoption registration certificate, or other evidence from the government or relevant agency"

It does not show proof of custody is required.

It mentions legitimization but that is not the same as custody and I don't think most countries have such a  requirement (Thailand does require it to be the legal father of your child if they are Thai).

 

You could try calling the immigration help line at 1178 to see what they think.

[jingjai9]

Ubon Joe thanks so much. I was hoping you would respond. I am shown on the birth certificate and it is in fact a Thai birth certificate. I will check out the regulations you referred to in your post. 

 

TheThai birth certificate showing me as the father was enough in years past and the yellow book, house registration. As I said in the post, I got the visa using the same documents in the previous 7 years. I was never asked for custody papers.

I will try the help line you referred to. Thanks again.

[ubonjoe]

43 minutes ago, jingjai9 said:

Ubon Joe thanks so much. I was hoping you would respond. I am shown on the birth certificate and it is in fact a Thai birth certificate.

I assume his mother is not Thai. If she is Thai he is Thai from birth and can apply for one year extensions for being a Thai.

[jingjai9]

The mother is not Thai.. That is correct. I plan to call the hotline.

 

[DTL2014]

i think you need a paternity test? it would certainly help the authorities identify you as the father and help them with people trafficking..

Edited July 13, 2021 by DTL2014
explain the reason why

[BritTim]

2 hours ago, DTL2014 said:

i think you need a paternity test? it would certainly help the authorities identify you as the father and help them with people trafficking..

Usually, the Thai authorities will accept a Thai birth certificate as proof you are the father.. Unfortunately, that is insufficient, where you are not married to the mother, to prove you have custody.

[jomtienisgood]

15 hours ago, BritTim said:

Usually, the Thai authorities will accept a Thai birth certificate as proof you are the father.. Unfortunately, that is insufficient, where you are not married to the mother, to prove you have custody.

What happens if the mother cannot be found or reached anywhere??

[BritTim]

18 minutes ago, jomtienisgood said:

What happens if the mother cannot be found or reached anywhere??

Then what you are probably looking to do is get a court judgment of abandonment by the mother, and consequent granting of sole custody. When neither parent is Thai, I have no idea if a Thai court can be asked to issue such a judgment. It may be a very difficult situation.

[ubonjoe]

5 minutes ago, BritTim said:

Then what you are probably looking to do is get a court judgment of abandonment by the mother, and consequent granting of sole custody. When neither parent is Thai, I have no idea if a Thai court can be asked to issue such a judgment. It may be a very difficult situation.

One of the problems with it being a Thai birth certificate is that under Thai law he is not the legal father of his child since he was not married to the mother when the child was born. It requires going through process of legitimization of the father's parenthood through the family court or if 7 or over at a Amphoe.