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 I would like to know in detail about the process for gaining custody of children under 1years old.

 

1. How do I find a lawyer? The ones listed on the internet are all expendive. The cheapest quote I received was 50,000 Baht.
 

2. Do I even need a lawyer? If I have the results of a DNA test, can't I proceed without a lawyer?
 

3. In the case of recognizing two children, would the cases be combined in court? 

 

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Thai courts will almost always grant custody to the mother. Prejudiced against men of course, and behind western thinking that men are sometimes the best parent for the child. The only ways you might get custody are proving she is into drugs, has a bad gambling problem or is doing indecent things with the child. You will get visitation, and that can be negotiated, but should be at least weekends and school holidays. You will be told to pay child support. The only other alternative is the mom granting you custody, and that happens if you offer money or she is smart enough to know that the child would be better off with you in a western country, which they are. If you are staying here, moot point, and you will need to get a dependent visa.

 

Lawyers aren't really necessary if there isn't any argument over joint custody. A translator might be needed, especially if the judge can't speak English, which many can. Most lawyers seem to charge the same, unless you can find one in your area, which would cost less because they won't have to travel. You can always talk to a lawyer, for a fee, and they'll let you know what you need to do. You haven't said anything about property, so I'm guessing you rent. If you're married, that will be another thing you'll have to change, unless it's just a Buddhist ceremony. If there's more children, the same thing will happen, unless she will let you have the other one.

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The first thing is, if you are only interested in gaining custody rights as a father, and the mother is still in the picture? or, if you are trying to get the child away from the mother to live 100% with you. 

If the first one, then it´s an easy process. No lawyer needed and only the mothers signature as well as a couple of witnesses if I do not remember wrong. And of course a bunch of documents in all forms 😉 

For the second one, it will be exactly same complicated as @fredwiggy posted above, and if you still wish to try you will need the link in the first post above. Although, not enough if the mother does not agree. In that case you will also need a lawyer. However, in this country, very hard and often dismissed.

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14 minutes ago, Gottfrid said:

The first thing is, if you are only interested in gaining custody rights as a father, and the mother is still in the picture? or, if you are trying to get the child away from the mother to live 100% with you. 

If the first one, then it´s an easy process. No lawyer needed and only the mothers signature as well as a couple of witnesses if I do not remember wrong. And of course a bunch of documents in all forms 😉 

For the second one, it will be exactly same complicated as @fredwiggy posted above, and if you still wish to try you will need the link in the first post above. Although, not enough if the mother does not agree. In that case you will also need a lawyer. However, in this country, very hard and often dismissed.

 

This is the first case. 
 

I am living with my mother and child. We have a good relationship. However, since the child is only one year old, I was told that a court process is necessary. I don't know how to find a lawyer. I'm not sure if a lawyer is needed if I have the results of a DNA test.

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4 minutes ago, asia123 said:

 

This is the first case. 
 

I am living with my mother and child. We have a good relationship. However, since the child is only one year old, I was told that a court process is necessary. I don't know how to find a lawyer. I'm not sure if a lawyer is needed if I have the results of a DNA test.

Then it´s easy peasy! 🙂 It will take some time for them. For me it took 3-4 month before the case was finalized in court. However, just go to the court, and ask what papers you will need as it can be slightly different or have changed some. After that fill in, and let the mother sign and agree. Leave it at court. Of course there will be a fee associated. Not remember how much but nothing astronomic. Good Luck! No lawyer needed!

Edited by Gottfrid
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43 minutes ago, fredwiggy said:

Thai courts will almost always grant custody to the mother. Prejudiced against men of course, and behind western thinking that men are sometimes the best parent for the child. The only ways you might get custody are proving she is into drugs, has a bad gambling problem or is doing indecent things with the child. You will get visitation, and that can be negotiated, but should be at least weekends and school holidays. You will be told to pay child support. The only other alternative is the mom granting you custody, and that happens if you offer money or she is smart enough to know that the child would be better off with you in a western country, which they are. If you are staying here, moot point, and you will need to get a dependent visa.

 

Lawyers aren't really necessary if there isn't any argument over joint custody. A translator might be needed, especially if the judge can't speak English, which many can. Most lawyers seem to charge the same, unless you can find one in your area, which would cost less because they won't have to travel. You can always talk to a lawyer, for a fee, and they'll let you know what you need to do. You haven't said anything about property, so I'm guessing you rent. If you're married, that will be another thing you'll have to change, unless it's just a Buddhist ceremony. If there's more children, the same thing will happen, unless she will let you have the other one.

 

49 minutes ago, fredwiggy said:

Thai courts will almost always grant custody to the mother. Prejudiced against men of course, and behind western thinking that men are sometimes the best parent for the child. The only ways you might get custody are proving she is into drugs, has a bad gambling problem or is doing indecent things with the child. You will get visitation, and that can be negotiated, but should be at least weekends and school holidays. You will be told to pay child support. The only other alternative is the mom granting you custody, and that happens if you offer money or she is smart enough to know that the child would be better off with you in a western country, which they are. If you are staying here, moot point, and you will need to get a dependent visa.

 

Lawyers aren't really necessary if there isn't any argument over joint custody. A translator might be needed, especially if the judge can't speak English, which many can. Most lawyers seem to charge the same, unless you can find one in your area, which would cost less because they won't have to travel. You can always talk to a lawyer, for a fee, and they'll let you know what you need to do. You haven't said anything about property, so I'm guessing you rent. If you're married, that will be another thing you'll have to change, unless it's just a Buddhist ceremony. If there's more children, the same thing will happen, unless she will let you have the other one.

 

I have a good relationship with the mother and we are living together. There is no dispute over custody, and I just want to legalize the situation.

 

Since the child is one year old, I think a court process might be necessary. I would prefer to proceed without a lawyer if possible. 

 

Should my next step be going to the court?


Or should hire a lawyer?  
do all Thai lawyers speak English? If so, I will start contacting the lesser-known lawyers listed on Google Maps. Lawyers with luxurious websites seem to have high fees.

 

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12 minutes ago, Gottfrid said:

Then it´s easy peasy! 🙂 It will take some time for them. For me it took 3-4 month before the case was finalized in court. However, just go to the court, and ask what papers you will need as it can be slightly different or have changed some. After that fill in, and let the mother sign and agree. Leave it at court. Of course there will be a fee associated. Not remember how much but nothing astronomic. Good Luck! No lawyer needed!

Thank you very much. I have a few questions: Did you complete the legalization process without a lawyer? Did you bring a DNA test?

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2 minutes ago, CanadaSam said:

Go to court, get the required documents, both mum and dad sign, submit.

Thank you. Are you experienced with these kinds of court cases?

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1 hour ago, asia123 said:

 I would like to know in detail about the process for gaining custody of children under 1years old.

 "...the process for gaining custody..."

 

 

 

13 minutes ago, asia123 said:

I have a good relationship with the mother and we are living together. There is no dispute over custody, and I just want to legalize the situation.

 

"There is no dispute over custody, and I just want to legalize the situation".

 

You need to clarify what it is that you are talking about, "legalising" yourself as the father and "custody" of the child are entirely different things.  Do you just want your name on the child's birth certificate naming you as the father?

Edited by Liverpool Lou
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4 minutes ago, asia123 said:

Thank you very much. I have a few questions: Did you complete the legalization process without a lawyer? Did you bring a DNA test?

Yes, I completed without a paid lawyer. Never really had anything to do with it, so I don´t know if one appointed took care of my case. But most probably so. Nothing I needed to care about, though. Never took a DNA test, as my name was already on the birth certificate and the mother did not contest as well as approve me as an equal guardian of our 2 daughters.

The only thing we did was to collect all the paperwork they needed, fill in the required documents and leave as well as pay in court.

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16 minutes ago, asia123 said:

do all Thai lawyers speak English?

No, all lawyer do not speak English. Depending on where you are, it sometimes actually can be hard to find one that do. if they do, they usually speak very bad in the country side. But, as said, you do not need a lawyer.

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14 minutes ago, asia123 said:

 

 

I have a good relationship with the mother and we are living together. There is no dispute over custody, and I just want to legalize the situation.

 

Since the child is one year old, I think a court process might be necessary. I would prefer to proceed without a lawyer if possible. 

 

Should my next step be going to the court?


Or should hire a lawyer?  
do all Thai lawyers speak English? If so, I will start contacting the lesser-known lawyers listed on Google Maps. Lawyers with luxurious websites seem to have high fees.

 

If you are living together, you already have joint custody, so nothing's needed to be done. You've done the DNA thing, so you'll have that if necessary in the future, meaning if you two part ways. If that happens, you go through what I and others explained earlier. Staying together of course is the best for all.

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1 hour ago, Liverpool Lou said:

 "...the process for gaining custody..."

 

 

 

"There is no dispute over custody, and I just want to legalize the situation".

 

You need to clarify what it is that you are talking about, "legalising" yourself as the father and "custody" of the child are entirely different things.  Do you just want your name on the child's birth certificate naming you as the father?

 

The birth certificate already has my name on it. This is not about custody. I just want to become a legal father.

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1 hour ago, Gottfrid said:

Yes, I completed without a paid lawyer. Never really had anything to do with it, so I don´t know if one appointed took care of my case. But most probably so. Nothing I needed to care about, though. Never took a DNA test, as my name was already on the birth certificate and the mother did not contest as well as approve me as an equal guardian of our 2 daughters.

The only thing we did was to collect all the paperwork they needed, fill in the required documents and leave as well as pay in court.

 

Thank you so much again. This is exactly the info I’ve been waiting for. I really appreciate your help!

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1 hour ago, fredwiggy said:

If you are living together, you already have joint custody, so nothing's needed to be done. You've done the DNA thing, so you'll have that if necessary in the future, meaning if you two part ways. If that happens, you go through what I and others explained earlier. Staying together of course is the best for all.


Thank you so much

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25 minutes ago, asia123 said:

The birth certificate already has my name on it. This is not about custody. I just want to become a legal father.

So what gives you concern that you may not be seen as the child's legal father?

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24 minutes ago, asia123 said:

 

Thank you so much again. This is exactly the info I’ve been waiting for. I really appreciate your help!

From his posts it appears that Gottfrid is referring to a custody process. something that you say is not an issue for you...

 

32 minutes ago, asia123 said:

The birth certificate already has my name on it. This is not about custody. I just want to become a legal father.

 

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Okay there are two ways to get "legal parental rights" granted as the father of a thai child born out of wedlock

The first is if the child is old enough to go with both parents to the local Amphur <-City Hall and identify you as the father. usually that's when a child is 6 or 7 years old) so this option isn't viable for you

The second option is to go thru family court, so get your thai child's mother to start googling around and find the nearest family court office to where ever you are in thailand.

Then take everything you have documentation wise over there and see IF you can do an uncontested case (as you said you live with the mother and she's okay with you having parental rights)

Some family court offices will let the parents do the petition themselves but some make you retain an attorney to do it, so that's gonna come down to the family court office you're dealing with 

The process is not fast, but most of the time is taken up by waiting, you file, wait for the initial hearing, then wait for interviews, get interviewed, wait for the next hearing and finally wait for the decision. Pre-covid it was not uncommon to see this whole thing take 6 months to wind it's way thru the family court system (although again, depending on the court it could be sooner) 

Unfortunately until you actually get granted legal parental rights of your child as the foreign father you cannot get a Non-O visa or long term extension issued for that reason inside the country at the immigration office. You can get the 90 day Non-O visa issued a most nearby thai consulates with just your name on the birth certificate along with the mother's and child's thai i/d, house book etc,
AND
You can get one 60 day visit thai family extension granted per entry at the immigration office based on being the father of a thai child without legal parental rights

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3 hours ago, asia123 said:

 I would like to know in detail about the process for gaining custody of children under 1years old.

 

1. How do I find a lawyer? The ones listed on the internet are all expendive. The cheapest quote I received was 50,000 Baht.
 

2. Do I even need a lawyer? If I have the results of a DNA test, can't I proceed without a lawyer?
 

3. In the case of recognizing two children, would the cases be combined in court? 

 

50 is to expensive??
wow

I paid 30,000,  20 years ago for a divorce and obtained sole custody of my than 5 year old daughter>
had to go thru Family court

 

Edited by zzzzz
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2 hours ago, Liverpool Lou said:

So what gives you concern that you may not be seen as the child's legal father?

 

The fact they have their name on the birth certificate when a thai child is born to a foreign father without him being married to the mother is not enough to give him "legal parental rights" <- where he can use that child for a visa/extension to stay long term IN thailand. 
 

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2 hours ago, zzzzz said:

50 is to expensive??
wow

I paid 30,000,  20 years ago for a divorce and obtained sole custody of my than 5 year old daughter>
had to go thru Family court

 

 

sole custody?  guess you had to buy your child from your soon to be ex or was she in prison or declared insane ?

 

otherwise no judge would just give that... shared yes

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1 hour ago, john donson said:

 

sole custody?  guess you had to buy your child from your soon to be ex or was she in prison or declared insane ?

 

otherwise no judge would just give that... shared yes

for the better of the child as her mom took up with another guy 
its not true that a thai judge will side with the mother>
so ur response is way off base
 

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2 hours ago, Tod Daniels said:

 

The fact they have their name on the birth certificate when a thai child is born to a foreign father without him being married to the mother is not enough to give him "legal parental rights" <- where he can use that child for a visa/extension to stay long term IN thailand. 
 

He didn't say that he wanted a dependent child visa, did he?

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2 minutes ago, Liverpool Lou said:

He didn't say that he wanted a dependent child visa, did he?

typically so the foreign father can get some type of long stay visa (seeing as they're not married to a thai) is the primary reason to get granted "legal parental rights"

factor in he said he lives with the mother and children, I was just "jumping to conclusions" 🙂 

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I did the process to legitimise my Thai son (as first step and to get the passport of my country later on).

This is done in the local office (khet) where you are registered. You (and the mother) will need a declaration of civil status (from home country) translated and legalised + some other papers like visa and more. (best to ask in the local district office as they might not all ask the same)

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