Question about family law re parental rights when marrying after the child is born

[tomster]

OK, so asking this for a friend.

 

He has a 4 year old daughter with a Thai woman that is his girlfriend, not wife. They have never been married and were just boyfriend and girlfriend when the child was born.

 

He is on the birth certificate.

 

His relationship with the Thai woman is quite stormy and this results in the kid sometimes having to go to Isaan to stay with the family, while things settle down.

 

He has been told that if he marries the mother of his child, he will gain the same parental rights immediately as he would have had if they were married when the child was born.

 

I was under the impression that he would need to go to court and get recognized as the father to get these rights (as I have had to do in the past with my son), but he is adamant that the same parental rights are instantly given if he marries her now.

 

Is he correct on this or will he still need to go to court to get recognized as the father legally in Thailand to get equal rights over the child (in the eyes of the courts)?

 

Thanks in advance.

[DrJack54]

OP, begs the question what's the reason behind idea of marriage? 

If it's to facilitate obtaining a Non O + extensions based on parent of Thai child then state that.

If your friend has idea of Non O marriage+ annual extensions then state that.

How is he currently living in Thailand 

Is friend's name on child's birth certificate.

Here is thread.

In thread I posted thread where ubonjoe posts some helpful links.

https://aseannow.com/topic/1327020-extension-of-stay-based-on-having-a-thai-child/

[tomster]

He is already on a non O extension based on the kid, but this is facilitated by the mother of the kid.

 

It's complicated but the question is the question, his visa status is not the issue.

[KhunLA]

He's on  the birth certificate, he IS the father, and has full parental rights.  Whether he'll be able to exercise them  may be a different story 

 

'Stormy' ... might want to advise him to pass on getting married, as no reason to.

[tomster]

2 minutes ago, KhunLA said:

He's on  the birth certificate, he IS the father, and has full parental rights.  Whether he'll be able to exercise them  may be a different story 

 

'Stormy' ... might want to advise him to pass on getting married, as no reason to.

That is incorrect, unless you are married when the child is born you are legally not recognized by the Thai courts as the father of the child regardless of being on the birth certificate. You can get a Non 0 extension as immigration will normally allow this, but that does not make you the legal guardian of the child.

 

This is something I dealt with myself several years ago, I am very familiar with this part of the law.

 

The question is and it's quite interesting - if you marry the mother of your child AFTER the child is born do you get the same rights as if you were married WHEN the child was born.

 

Visa status is not relevant here so maybe I have asked in the wrong forum, and it needs to the parenting forum?

 

https://aseannow.com/forum/96-family-and-children/

[DrJack54]

7 minutes ago, tomster said:

Visa status is not relevant here so maybe I have asked in the wrong forum, and it needs to the parenting forum?

Yes your alternative forum is 

https://aseannow.com/forum/193-marriage-and-family/ 

 

You state visa status not relevant.

There is more to being legal father to live in Thailand with extensions from a Non O. 

 

You also point out that you have personal experience in similar situation.

Currently your friend has cooperation from mother. That can change.

You state...."His relationship with the Thai woman is quite stormy and this results in the kid sometimes having to go to Isaan to stay with the family, while things settle down" 

 

Marriage is NOT an alternative many would suggest. 

 

[FritsSikkink]

6 minutes ago, DrJack54 said:

You state...."His relationship with the Thai woman is quite stormy and this results in the kid sometimes having to go to Isaan to stay with the family, while things settle down" 

 

Marriage is NOT an alternative many would suggest. 

 

Agree, if they both can't take care of the child properly because of problems in the relationship, why marry?

[wombat]

Personally, I'd have nothing to do with this at all.

East meets West and never the twain shall meet.

[bradiston]

2 hours ago, tomster said:

OK, so asking this for a friend.

 

He has a 4 year old daughter with a Thai woman that is his girlfriend, not wife. They have never been married and were just boyfriend and girlfriend when the child was born.

 

He is on the birth certificate.

 

His relationship with the Thai woman is quite stormy and this results in the kid sometimes having to go to Isaan to stay with the family, while things settle down.

 

He has been told that if he marries the mother of his child, he will gain the same parental rights immediately as he would have had if they were married when the child was born.

 

I was under the impression that he would need to go to court and get recognized as the father to get these rights (as I have had to do in the past with my son), but he is adamant that the same parental rights are instantly given if he marries her now.

 

Is he correct on this or will he still need to go to court to get recognized as the father legally in Thailand to get equal rights over the child (in the eyes of the courts)?

 

Thanks in advance.

Sorry to butt in, but is said friend really going to rely on the replies on this forum to decide his future relationship with his child? Go see a lawyer, surely!

[Theforgotten1]

If the gf is friendly take her to the family court to legitimize your parenthood status, you don’t need solicitors they only translate for you , you will have a hearing which is simple , then a month for change of mind then given the papers. Costs about 1 thousand baht ish