Thai Child Dependent Visa

[KruAlastair]

I am recently divorced and am father to a 9 year old who is entirely dependent on me.  I had planned on getting a spousal visa in January but now it looks like I have to go the route of getting a different visa.  After some googling this Thai Child Dependent Visa option came up.  Is it really a thing?  Is it possible? Does anyone have any experience in getting this.  I have 400k and a monthly income of over 40k into a thai bank acct and my name is on my daughter's birth certificate.  If that helps. Mother will be compliant to do what she needs to do.  I dont have enough for a DTV otherwise I'd get that.  She also attends a Thai school. 

[ChaiyaTH]

How can you be unaware of it while having a 9 year old child. Yes of course it is real thing, maybe use Google?

[KruAlastair]

Just now, ChaiyaTH said:

How can you be unaware of it while having a 9 year old child. Yes of course it is real thing, maybe use Google?

I don't know.  Maybe because I never needed it before as I was married?

[BritManToo]

Think you need full custody.

[ChaiyaTH]

Just now, BritManToo said:

Think you need full custody.

No you don't, stop spreading fud.

[KruAlastair]

1 minute ago, ChaiyaTH said:

How can you be unaware of it while having a 9 year old child. Yes of course it is real thing, maybe use Google?

I just want to know if anyone has gone throught his before and can give me some advice on which is the bets consulate/embassy to go to to get this or do I have to go through immigration or what.  What paperwork is needed etc. 

[ChaiyaTH]

• Birth certificate
• Copy ID mother
• House book etc documents
• Your passport and copies
• 400K bank for applying 90 day non-o most places nowadays, can extend 60 days and yearly. Can also extend 60 days based on 60 days on arrrival (prior 30 days).
   
• Depending your specifics you might need a document from the amphur as well proving your are.
   

Every immigration can be different, some might want you to show up with your ex as well. You were married before so you already have the needed rights, unless you married after the child was born, in that case you have to do family court first. 

 

You can dot his until the child is 20 years old.

[KruAlastair]

5 minutes ago, ChaiyaTH said:

• Birth certificate
• Copy ID mother
• House book etc documents
• Your passport and copies
• 400K bank for applying 90 day non-o most places nowadays, can extend 60 days and yearly. Can also extend 60 days based on 30 days.

Every immigration can be different, some might want you to show up with your ex as well. You were married before so you already have the needed rights, unless you married after the child was born, in that case you have to do family court first.

Thanks, my daughter was born out of wedlock.  We married a couple of months after her bith.  So will have to do family court at the amphur.  Do you have more information on this? 

[tai4de2]

The first thing you probably want to do is investigate your legal situation with respect to parentage. Your name being on the birth certificate is meaningless in Thailand, as that does not confer legal fatherhood on you.

 

However if you were legally married to the mother at the time the child was born, or if you married subsequently to the child being born, then the child is deemed legitimated. 

 

If not, and the mother cooperates, you can become the legal father by registering at a district office. If the mother does not cooperate, you will need to go to court.

 

You will need documentation and/or evidence of biological fatherhood, the details of which depend on which of the above routes you follow.

 

After that, you are deemed to have parental responsibility under Thai law, and should be able to qualify for visa or extension of stay (probably the latter, if you're living in Thailand full-time and permanently) based on supporting a Thai child. You'll need evidence that you are the legal father, plus the usual documentation (application forms, financial info, etc.).

[KruAlastair]

Just now, tai4de2 said:

The first thing you probably want to do is investigate your legal situation with respect to parentage. Your name being on the birth certificate is meaningless in Thailand, as that does not confer legal fatherhood on you.

 

However if you were legally married to the mother at the time the child was born, or if you married subsequently to the child being born, then the child is deemed legitimated. 

 

If not, and the mother cooperates, you can become the legal father by registering at a district office. If the mother does not cooperate, you will need to go to court.

 

You will need documentation and/or evidence of biological fatherhood, the details of which depend on which of the above routes you follow.

 

After that, you are deemed to have parental responsibility under Thai law, and should be able to qualify for visa or extension of stay (probably the latter, if you're living in Thailand full-time and permanently) based on supporting a Thai child. You'll need evidence that you are the legal father, plus the usual documentation (application forms, financial info, etc.).

The mother will cooperate and my daughter is 9 years old and will sit in front of an IO/Judge and say that I am her father.  Would that be enough or would I have to get DNA evidence? 

[tai4de2]

4 minutes ago, KruAlastair said:

Thanks, my daughter was born out of wedlock.  We married a couple of months after her bith.  So will have to do family court at the amphur. 

 

If you marry the mother after the child is born (until the child turns 20 I think), that legitimates the child.

 

The devil is in the details though, as far as proving that. You might need to prove a biological relationship, and get some kind of Thai documentation that states you are the legal father.

 

I think this is fairly routine. Find a lawyer. I recommend Integrity Legal because the main guy there is knowledgable, and is a naturalized Thai citizen of  American origin and thus speaks perfect English (I have no business relationship with them, but I've been an occasional and satisfied customer).

[tai4de2]

2 minutes ago, KruAlastair said:

The mother will cooperate and my daughter is 9 years old and will sit in front of an IO/Judge and say that I am her father.  Would that be enough or would I have to get DNA evidence? 

 

You should ask a lawyer.

 

I AM NOT A LAWYER.

 

But my *guess* is that a marriage certificate showing you and the mother married at some point after the child was born, plus a DNA test showing your biological parentage (plus the usual like birth certificate etc.) would suffice.

 

But again: I AM NOT A LAWYER. You should talk to one. This will be a fairly routine case, IMO and IME.

[DrJack54]

OP, here is thread to gather advice.

 

https://aseannow.com/topic/1327020-extension-of-stay-based-on-having-a-thai-child/?do=findComment&comment=18906524

 

My first reply in that  has link to older thread and post from ubonjoe with useful links..

 

[Theforgotten1]

4 hours ago, KruAlastair said:

The mother will cooperate and my daughter is 9 years old and will sit in front of an IO/Judge and say that I am her father.  Would that be enough or would I have to get DNA evidence? 

Take birth certificate, marriage certificate, tabien ban , id cards etc, to the family court , don’t need a lawyer they only act as translator, can’t remember the cost but about 1000 all in , might have to speak with social workers but the court will decide that , very easy and court very helpful and accommodating, maybe take a month if not married for mothers cooling off / change of mind period 

[khunPer]

5 hours ago, KruAlastair said:

The mother will cooperate and my daughter is 9 years old and will sit in front of an IO/Judge and say that I am her father.  Would that be enough or would I have to get DNA evidence? 

You can go to the local amphor-district office with mother and daughter (must be 7 years or older) to get the the documentation for being the father; in that case no DNA is needed.

I'm not married to my girlfriend and mother of our daughter. I did the document that way and it was accepted both by Thai- and my home country. The certificate is named: Khor.Ror.11. Easy peasy procedure.

 

Ask at the amphor office exactly what documentation and photo copies they need, it might vary a little bit from office to office. But in general you always need birth certifica, mother's ID-card and foreign father's passport.

[john donson]

6 hours ago, BritManToo said:

Think you need full custody.

 

no you don't... shared is enough

 

if you were married to the mother while the child is born, no need for dna nonsense... just birth certificate

 

 

[Nabbiex]

6 hours ago, KruAlastair said:

I am recently divorced and am father to a 9 year old who is entirely dependent on me.  I had planned on getting a spousal visa in January but now it looks like I have to go the route of getting a different visa.  After some googling this Thai Child Dependent Visa option came up.  Is it really a thing?  Is it possible? Does anyone have any experience in getting this.  I have 400k and a monthly income of over 40k into a thai bank acct and my name is on my daughter's birth certificate.  If that helps. Mother will be compliant to do what she needs to do.  I dont have enough for a DTV otherwise I'd get that.  She also attends a Thai school. 

Yes you can. I also have my extension based on Thai daughter using khor ror 6. You need divorce certificate and khor ror 6 (or 2 or11?) stating you are 100% parenthood from Amphur. No need to go to court as long as your divorce is based on mutual agreement (simple and straightforward). All the Best. 

[MrMo]

I was on a guardian visa, that is I was responsible for my son, until he became 20.   His mother and I lived together but were never married.

Needed

- 400k in the bank just on the day of application,

- agreement of mother

- two witnesses that I was caring for the boy

- photos of us together in the home

- our presence together at the Immig office

It was so simple.

When he reached 20 he could have become my guardian.   Didn't though as last point a problem as he away at uni.

Good luck.

[DrJack54]

1 hour ago, john donson said:

if you were married to the mother while the child is born, no need for dna nonsense... just birth certificate

From the OP..

"Thanks, my daughter was born out of wedlock"

[tai4de2]

20 hours ago, DrJack54 said:

From the OP..

"Thanks, my daughter was born out of wedlock"

 

OP stated he married the mother after the child was born. Given that, under Thai law the "born out of wedlock" part doesn't matter; he's the legal father. Or maybe a better way to put it might be "OP currently has a legitimate claim on being the legal father but probably has to take some concrete steps to concretize the claim".

 

The manner in which he needs to do that, get actual documentation for it, deal with officials at various offices who might impose their own view on the situation (i.e. make sh!t up as they go along)... are unknowns -- TiT after all!