Joint custody of children

[khunkarl]

When me and my wife got divorced as friends at the Amphur last year she was by formality (and partly by my ignorance) given full custody of our two children. None of us realized it would create a problem for me when applying for family visa later. She agrees to give me joint custody now, but it's not as easy as it would sound. Thinking we as two adults that agree could go to the provincial court on Koh Samui to change it, did not work. They did not even let us in the building... Referering to "everything must go through a lawyer". If we agree what do we need a lawyer for? Does anyone have any intel or experience of this? What would the cost estimate reasonable be, considered we both agree? To be able to apply for visa the custody needs to be changed to joint custody and a court letter to be issued that I'm needed here to take care of children. I don't wanna spend more money on lawyer than I have to, rather save up for the kids education...

[Led Lolly Yellow Lolly]

In Thailand it's called Power of Administration (this is the translation I think) and it's enormously powerful if one parent has it. My wife has power of adminstration over my stepdaughter (now an adult). Many years ago when she was 7 we needed to go to the UK for a while. Her biological father tried to prevent us from getting her a passport, but he was powerless to prevent that. So we got her a passport and left. From my basic understanding of things, it's nearly impossible for anyone to reverse if it goes against them. If both parties are consenting for the change in custody arrangements, it will be very interesting to read what you find out. . .

 

 

 

Edited February 15, 2022 by Led Lolly Yellow Lolly

[Kenny202]

I had similar issues when I filed for paternity of my son. In the end we were told the judge sees it as a lack of respect if you represent yourself no matter how straightforward the case. Not sure if thats how it really is but that's what we were told

[MikeyIdea]

You need a lawyer but it's easy as long as the mother agrees. Max 50,000 baht for the court case in a tourist location like Koh Samui, 30 is OK as it's only half a day's work (start at 9, ready before lunch). Waiting time 3 months for court time. 1 month for the appeals period to expire. Let the wife contact the lawyer

Edited February 16, 2022 by MikeyIdea

[khunkarl]

Thanks for input. I've got myself a lawyer claiming she'll get it done within 2 weeks. I'll be sure to make an update here.

[stigar]

Me and my exwife went to the norwegian embassy when we sitill married.We sign the papers for joint custody there.Was never a problem.We signed when registrate our kids as norwegian citicenz.

After they get norwegian passports and we moved to norway.My exwife and our kids still live a happy life here.Live only 1 km from my home.Shes remarried and have a nice husband.Kids often at my home.Me and her and her new husband good friends.Past is past.

 

Edited February 19, 2022 by stigar

[khunkarl]

Got the custody status changed to joint custody as per last week. And a court order to take care of children with it. It did cost me 50,000 baht but as I now can get visa trouble free for many years to come it had to be worth it. Living abroad as a foreigner is an experience and it comes with a price...

Edited March 14, 2022 by khunkarl

[chickenslegs]

1 hour ago, khunkarl said:

Got the custody status changed to joint custody as per last week. And a court order to take care of children with it. It did cost me 50,000 baht but as I now can get visa trouble free for many years to come it had to be worth it. Living abroad as a foreigner is an experience and it comes with a price...

Is there some reason why you can't get your children registered as citizens of your country and get passports, rather than visas?

[khunkarl]

On 3/14/2022 at 11:20 PM, chickenslegs said:

Is there some reason why you can't get your children registered as citizens of your country and get passports, rather than visas?

What? This is about me getting a visa in Thailand not about my children getting a visa abroad. And of course they have dual nationality already but I don't.... ????

[khunkarl]

Maybe I was not clear in my original post leading to confusion... Here is the clarification: Family visa as in NON-O Family (Spouse/Children, in this case children) Visa for me to live in Thailand to take care of children here. 

[Kenny202]

I have had a child visa for a few years now. I was not married to my sons wife but I went and had my paternity verified through the courts. I take care of my son 100% and have done pretty much since he was born, but there is no official custody agreement in place. I don't think Immigration are interested in your official custody conditions are they? I was never asked for anything like that. They just want to verify you are 100% the legal father. For example just having your name on the birth certificate is not enough. However even if you are divorced from your wife as far as I know you are still the legal father right, as you were married when the child was born? I wouldn't stress too much about official custody papers unless immigration have told you otherwise?

 

What you do need is three Thai people in your immediate Moo Baan to vouch for you and say that you take care of the children. I found this to be a fairly difficult process as I don't really know Thais where I live that well and asking them to sign this and sign that and take photos with you and the child, particularly in the bedroom was hard for them to understand. They will also probably be required to accompany you to immigration at some stage also to verbally vouch for you. Maybe if you could find a few people all in the same household and offer them a couple thousand baht for their trouble may work. I was actually told that to qualify for a parental visa you had to have 100% care of the children which I am not sure if its true or not but sounds ludicrous as you may see them on weekends or maybe take them week on week off and their is nothing wrong with you being in Thailand for that reason. You will also need your child to accompany you to immigration as well on one or two visits.....and they may speak Thai with the child as well so you need to word them up. Other than that a lot of paperwork and mucking around but after the first time no more need for other people etc. Pretty easy the following years after that. Probably best talk to immigration and tell them your situation, but I would try and put it as if you were taking care of the child full time or most of the time. In Immigrations eyes do you still qualify as the father even though you have divorced? As I said in my case because we weren't married, and even though my name was on the birth certificate and I have an Australian citizen document for him stating I am his father, I still had to go to court and have a judge say I was the legitimate father. And that can go either way sometimes the judge may require you to take a DNA test. And then you need to lodge it all at the Amphur which was probably more hassle than the actual court process. I did hear a story on here that should your wife marry again her new husband is actually legally their father....but not sure if that voids your parenthood...I very much doubt it.   

Edited March 18, 2022 by Kenny202

[chickenslegs]

8 hours ago, khunkarl said:

What? This is about me getting a visa in Thailand not about my children getting a visa abroad. And of course they have dual nationality already but I don't.... ????

Sorry, I misunderstood your situation. I thought you needed a visa to get your kids to visit you in your home country.