Pursuing full custody when the Thai national parent is unavailable?

[Old Mate]

I live outside of the country with my child who's other parent is a Thai national. Our child is here with permission of the other parent but I do not hold full custody.
 

The Thai parent has had little to do with our child since they moved (out of sight, out of mind I guess?) and is now unfortunately incarcerated. For this reason alongside many others I'm looking to finally pursue full custody which is something we had discussed doing prior to this new situation. But what would the process be to achieve this? As it stands at the moment, every visit to the country is fine, but to leave again requires permission via a signed Amphur document which has always been agreeable. This is no longer going to be possible. I want to do this the right way but I don't have the luxury of time on my side within Thailand. One person has suggested if we don't return to Thailand it won't be an issue. But with Thai family still there that have done nothing wrong and deserve to be a part of their family members life I'd like to try go about it the right way.

It's very hard to word this as a single basic question, but is pursuing, and acquiring full custody a possibility within a 2 week visit if things have begun progressing beforehand with Thai lawyers?

I know this isn't an entirely typical situation and finding someone with direct experience will be tough. But any info is appreciated. Here's some bullet point facts about this situation:

- Legally married in Thailand before the child was born, both on birth certificate
- No contest divorce a few years ago - as I lived out of the country by that time and they were unwilling the have the child in my country, I surrendered full custody and maintained regular visits
- Other parent has never raised child at length, both before and after legal divorce (was split for a few years before things cooled enough to no contest divorce). Child has almost always lived with and been raised by other family in Thailand
- Child was able to travel to my country and try school here (child is dual citizen). Left country with signed Amphur document at time, presented both passports to immigration - all OK
- Child is older than 8 but younger than 15
- Now no longer able to get Amphur permission letter due to incarceration (I don't know how long this is happening for or if it's short/long term)
- Intending to acquire full custody whether other parent gets released or not, but I'm unable to spend months in the country waiting around. Is this feasibly organisable from overseas with just shorter visits to Thailand?
- I do have two Thai based lawyers I have dealt with in the past, and have just begun contacting about this situation - but as they have indicated this is more a rare one so if anyone has any info from personal experience it would be highly appreciated

 

Thank you and sorry for writing in quite vague terms but I am doing my best to keep things unidentifiable. 

 

- Old mate

[jvs]

Good post,

It all depends on the circumstances but i would be worried about the child and myself first and maybe then the Thai family.

Chances are they will pick her side when push comes to shove.

The other parent being in jail may be very helpful to you and if you go to court in Thailand may be more easy then you think.

Contact a good lawyers office here in Thailand and explain what is going on.

Good luck.

 

[kwonitoy]

Old Mate:

 

Welcome to a very small club.

 

After my wife was sent to prison I went after full child custody, know as full Parental Powers in Thailand.

I was living in Thailand at the time so much easier than your case.

 

 

Get your lawyers to file the initial paperwork at Family Social Services for full custody of the child.

After this was done, and about a 2 month wait I was sent a letter with an appointment at FSS.

I had to bring a translator and a 3rd party witness who knew me and my wife. This person was my nanny who was also my wife's cousin.

At FSS I sat for a long interview, about 2 hours or so, very detailed because this information goes to the court.

Your witness will also be interviewed at length to corroborate your story.

 

Ask your lawyers to get a copy of your wife's court case and conviction, how long, what crime etc.

This information should go to FSS also

This is very important in showing your wife's character and also emphasize your loss of face/standing in the community.

In Thai courts these thing count for a lot 

 

 

After the FSS interview it was about a 3-4 month wait for my case to come up in Family Court

Went for my court case, stood in a docket, Judge spoke very good english.

He said your wife is in prison for 25 years, bang goes the gavel and I get custody.

I was in front of the judge for maybe 5 minutes

 

Your the sole provider for many years, mom's not interested, should be a case of filing the paperwork and showing up at court

 

How to do this from outside the country is the problem.

I would

Set up a time for FSS and come for the interview process

Come back again for the court session.

 

Don't believe anyone saying the courts favor the woman, 

Family Social Services is the cleanest system in a corrupt country, they are interested in one thing and that is the best benefit for the child.

 

It can be done

Good Luck