How Can Thai Mother Get 100% Legal Custody Of Child From Thai Ex Boyfriend?

[BangkokBP]

My fiance have a 6 year old daughter from a previous relationship with a Thai man, he was abusive, unfaitful and violent, and offered no economic support.

Now we are planning to move to my home country but the get a residence permit for them she must either show a ruling by court that she have 100% legal guardianship of her daughter or a signed and witnessed agreement from the father. The latter option is not likely to work, and my fiancee is convinced he would ask for an extortionate amount of money to agree to sign.

Can anyone give any advice on how we should proceed?

Thank you,

BangkokBP

[Mario2008]

The first question would be if the mother and father were legaly married at the amphur. If not, the father is not automatically considered the legal father and awarded costudy. If not married the father would only gain joint costudy over the child if he registered the baby at the amphur himself.

The birth certificate will list for names: child, mother, father and person registering the birth. If the mother was not married and the name of the father on the BC is not the same name as the person registering the birth the mother has sole costudy.

If they were married at the amphur the father has legal costudy and the mother can indeed only gain sole costudy by agreement with the father or a court ruling. Contact a good lawyer.

[BangkokBP]

Hi Mario2008,

They were never married, the fathers name is on the birth certificate and in the entry for the daughter in the mothers house register.

As you mention, the fact that his name is on the birth certificate have no significance, would his name in the house register make any difference?

Are there any other document that would indicate if he registered or not? My fiance says he never registered, but we will need to show some document that proved this to the authorities.

Many thanks for your help on this one.

Best regards,

BangkokBP

[Mario2008]

Hi Mario2008,

They were never married, the fathers name is on the birth certificate and in the entry for the daughter in the mothers house register.

As you mention, the fact that his name is on the birth certificate have no significance, would his name in the house register make any difference?

Are there any other document that would indicate if he registered or not? My fiance says he never registered, but we will need to show some document that proved this to the authorities.

Many thanks for your help on this one.

Best regards,

BangkokBP

I said that the name of the father on the BC is of no significance if he is not the person who registered the birth at the amphur! If he registered the child at the amphur than he is the legal father and will have costudy.

The name of the father in the household book is of no significance. Legitimisation can only be done in the manner pescribed by law: by registering the child himself or by act of court.

Article 1547 of the Thai Civil Code states:

"A child born of the parents who are not married to each other is legitimated by the subsequent marriage of the parents, or by registration made on application by the father, or by a judgment of the Court."

The birth certificate should be enough, but have your fiance contact the amphur about how to proof who has sole costudy. It is the amphur who registers this.

See also:

http://www.dopa.go.th/English/servi/myson.htm

The Thai version should have more information www.dopa.go.th

Note that since the father has not legitimised the child you might be able to legitimise the child as yours when you get married with the mother. This means that as far as the law is concerned you will be regarded as the father. For that consult a lawyer about where you might have better results, Thailand or your home country.

Edited January 24, 2009 by Mario2008

[BangkokBP]

Thank you very much Mario2008, you have explained exactly what I needed to know and problem is solved!

I am very grateful for your help.

Best regards,

BangkokBP

[Mario2008]

Glad to be of service and good luck!