Currently I am on a one year marriage extension. My wife wants to divorce. I have a son born within the marriage and my name is on the birth certificate. I want to divorce with mutual consent at the amphur. After the divorce my one year marriage extension must be cancelled and I want to apply for a one year child support visa. I have more than 400k on my account. My son will live mostly with his mother. I will live elsewhere nearby.

- Can I apply for a one year child support visa for having a Thai child?

- Would I need full or shared custody over the child? Or can the mother have full custody?

- Is the custody information included in the mutual consent divorce agreement? Or do you need another document for this.

- Am I assumed to be the father just by showing the birth certificate?

You may need to do child legitimisation after divorce, not sure. You could lose parental rights to her child after divorce. Maybe someone know about this here.

 

That requires the mother's help though. Or get a lawyer.

 

Immigration will probably want you to bring your child to do the extension, and there will be a home visit once anyway, so you will need access to your child for this visa.

 

And irritatingly the immigration where I used to live always wanted my EX to be present every year doing the visa extension which was annoying cos it wasn't a viss based on marriage. I couldn't understand why they insisted she be a part of it.

 

Edit: dunno why this bolded, can't get rid of it

For the extension based on a Thai child you usually also need the pictures together, thai mother id card, thai mother house book copy, child house book copy, thai child birth certificate. I believe it requires additional steps or a minimum age of 7 or something to do it without the mother.

 

To be recognized as the father I believe you needed to be married when the child was born, just the birth certificate with name is not enough. Regardless to anything, its cheaper and easier if you can make a deal with the mother directly I guess.

The mother does want to help and provide documents. Does someone know if it's a requirement that I have partial for full custody? And how do I prove that in case of divorce with mutual consent?

The custody issue can depend upon the immigration office where you apply for the extension of stay based upon being the parent of a Thai.

Most offices will accept joint custody. 

10 hours ago, kriswillems said:

- Is the custody information included in the mutual consent divorce agreement?

Yes it is.

6 hours ago, ChaiyaTH said:

To be recognized as the father I believe you needed to be married when the child was born, just the birth certificate with name is not enough.

You are wrong, marital status at time of birth is recorded on the birth certificate.

12 hours ago, BritManToo said:

You are wrong, marital status at time of birth is recorded on the birth certificate.

I checked it but didn't see it mentioned anywhere.

11 hours ago, kriswillems said:

I checked it but didn't see it mentioned anywhere.

That is not really that important. You only have to be married to your child mother to be the legitimate father of you child. Even getting married after their birth makes you the legal parent of your child.