Does A Child Have Right To Choose?

[lumyail]

Hello:

May someone give me suggestions please?

I separated with my Thai husband at the end of 2001. We did not legally marry. We have two boys. My oldest son lives with him while the second son lives with me. No child support involved. I them married to an American and moved into the US in 2003. I've contacted my oldest son all years long either I lived in Thailand or in the US. My first son is now 16 year-old. He lives with his aunt where he goes to school.

His fater lives in another province. My son wants to come to the US for study, but he cannot!

I applied the immigration visa for my first son as he wants to. He also qualifies for the citizen of the United State of America. The visa is processing, and it is almost done. My son will need to have a letter from his father for a granting permission on the day of his interview at US embassy in Bangkok. However, the permission letter seems to be impossible. His father does not want him to come here.

What can I do for my ex-husband to agree? I tried to explain about our son benefits on the phone, but he hang up on me. He does not care how much our son wants to be here? My son went to take AFS schorlarship test twice becase he wanted to study aboard. In fact, he wants to live next to me. I know that he is more comfortable around me than his father.

Do you have information of a good lawyer for this case?

How much cost will be and how long will it take?

When and where should I start?

If anyone have this experience please suggest me!!

Thanks so much!

From a mother of her child

[Mario2008]

I believe the US requires permission from the father only in the case of dual costudy. If you have sole costudy they want to see proof you have sole costudy over the child.

You did not legaly marry his father, so it might be he is not the father in a legal sense. For that he must have legitimised the child. (acknowledge before the authorities that the child is indeed his). He will have legitimised the child if he is not only named on the birth certificate but also was the person registering the birth at the amphur. Just check the BC and his name should be on their twice: as fahter and as person registering the birth. If he didn't register the birth he is not the legal fahter and you have sole costudy over the child. You should be able to get proof of that from the amphur.

[venturalaw]

Hello:

May someone give me suggestions please?

I separated with my Thai husband at the end of 2001. We did not legally marry. We have two boys. My oldest son lives with him while the second son lives with me. No child support involved. I them married to an American and moved into the US in 2003. I've contacted my oldest son all years long either I lived in Thailand or in the US. My first son is now 16 year-old. He lives with his aunt where he goes to school.

His fater lives in another province. My son wants to come to the US for study, but he cannot!

I applied the immigration visa for my first son as he wants to. He also qualifies for the citizen of the United State of America. The visa is processing, and it is almost done. My son will need to have a letter from his father for a granting permission on the day of his interview at US embassy in Bangkok. However, the permission letter seems to be impossible. His father does not want him to come here.

What can I do for my ex-husband to agree? I tried to explain about our son benefits on the phone, but he hang up on me. He does not care how much our son wants to be here? My son went to take AFS schorlarship test twice becase he wanted to study aboard. In fact, he wants to live next to me. I know that he is more comfortable around me than his father.

Do you have information of a good lawyer for this case?

How much cost will be and how long will it take?

When and where should I start?

If anyone have this experience please suggest me!!

Thanks so much!

From a mother of her child

First, in what state in the US do you reside? I assume that there are no orders currently regarding child custody. You may be able to secure orders in family court with regard to custody - especially since the child's father does not actually have physical custody (child is living his aunt, not dad). Depending upon the state in which you are a resident, an order could be secured granting sole physical custody to you. Then with a certified copy of said order, you could appear in Bangkok with your son, secure a passport for him and travel to the US. This of course all depends upon the state in which you reside.

[venturalaw]

Hello:

May someone give me suggestions please?

I separated with my Thai husband at the end of 2001. We did not legally marry. We have two boys. My oldest son lives with him while the second son lives with me. No child support involved. I them married to an American and moved into the US in 2003. I've contacted my oldest son all years long either I lived in Thailand or in the US. My first son is now 16 year-old. He lives with his aunt where he goes to school.

His fater lives in another province. My son wants to come to the US for study, but he cannot!

I applied the immigration visa for my first son as he wants to. He also qualifies for the citizen of the United State of America. The visa is processing, and it is almost done. My son will need to have a letter from his father for a granting permission on the day of his interview at US embassy in Bangkok. However, the permission letter seems to be impossible. His father does not want him to come here.

What can I do for my ex-husband to agree? I tried to explain about our son benefits on the phone, but he hang up on me. He does not care how much our son wants to be here? My son went to take AFS schorlarship test twice becase he wanted to study aboard. In fact, he wants to live next to me. I know that he is more comfortable around me than his father.

Do you have information of a good lawyer for this case?

How much cost will be and how long will it take?

When and where should I start?

If anyone have this experience please suggest me!!

Thanks so much!

From a mother of her child

First, in what state in the US do you reside? I assume that there are no orders currently regarding child custody. You may be able to secure orders in family court with regard to custody - especially since the child's father does not actually have physical custody (child is living his aunt, not dad). Depending upon the state in which you are a resident, an order could be secured granting sole physical custody to you. Then with a certified copy of said order, you could appear in Bangkok with your son, secure a passport for him and travel to the US. This of course all depends upon the state in which you reside.

You securing a US passport for your son is based upon your statement that he is 'qualified' as a citizen in the US. If so, why are you seeking to secure a visa for him to travel to the US? As a US citizen, no visa is required.

[lumyail]

Hello:

May someone give me suggestions please?

I separated with my Thai husband at the end of 2001. We did not legally marry. We have two boys. My oldest son lives with him while the second son lives with me. No child support involved. I them married to an American and moved into the US in 2003. I've contacted my oldest son all years long either I lived in Thailand or in the US. My first son is now 16 year-old. He lives with his aunt where he goes to school.

His fater lives in another province. My son wants to come to the US for study, but he cannot!

I applied the immigration visa for my first son as he wants to. He also qualifies for the citizen of the United State of America. The visa is processing, and it is almost done. My son will need to have a letter from his father for a granting permission on the day of his interview at US embassy in Bangkok. However, the permission letter seems to be impossible. His father does not want him to come here.

What can I do for my ex-husband to agree? I tried to explain about our son benefits on the phone, but he hang up on me. He does not care how much our son wants to be here? My son went to take AFS schorlarship test twice becase he wanted to study aboard. In fact, he wants to live next to me. I know that he is more comfortable around me than his father.

Do you have information of a good lawyer for this case?

How much cost will be and how long will it take?

When and where should I start?

If anyone have this experience please suggest me!!

Thanks so much!

From a mother of her child

First, in what state in the US do you reside? I assume that there are no orders currently regarding child custody. You may be able to secure orders in family court with regard to custody - especially since the child's father does not actually have physical custody (child is living his aunt, not dad). Depending upon the state in which you are a resident, an order could be secured granting sole physical custody to you. Then with a certified copy of said order, you could appear in Bangkok with your son, secure a passport for him and travel to the US. This of course all depends upon the state in which you reside.

You securing a US passport for your son is based upon your statement that he is 'qualified' as a citizen in the US. If so, why are you seeking to secure a visa for him to travel to the US? As a US citizen, no visa is required.

Hi All,

Thanks so mch for your respones. I live in Virginia state in the US. Yes my ex-husband has his name on Birth Certificate and he was the one applied CB for the boy. Techniqully, my son is under his care even though he lives with his aunt due to his schoolling. A person at USCIS told me the form of visa I needed to apply. My son will get permanant resident visa and will become US citizen upon the addmission in the US. I tried to speak to my ex-husband that I want him to be here only two years as he will gian more English knowledge, any other benefit such as the citizenship, anyway, he does not seem to listen. I guess my son and I must to wait until the day of interview to see the out come. Yes I plan to be there for him on his interview day. My son has his passport is with him.

Thanks agin'

LL

[venturalaw]

Hello:

May someone give me suggestions please?

I separated with my Thai husband at the end of 2001. We did not legally marry. We have two boys. My oldest son lives with him while the second son lives with me. No child support involved. I them married to an American and moved into the US in 2003. I've contacted my oldest son all years long either I lived in Thailand or in the US. My first son is now 16 year-old. He lives with his aunt where he goes to school.

His fater lives in another province. My son wants to come to the US for study, but he cannot!

I applied the immigration visa for my first son as he wants to. He also qualifies for the citizen of the United State of America. The visa is processing, and it is almost done. My son will need to have a letter from his father for a granting permission on the day of his interview at US embassy in Bangkok. However, the permission letter seems to be impossible. His father does not want him to come here.

What can I do for my ex-husband to agree? I tried to explain about our son benefits on the phone, but he hang up on me. He does not care how much our son wants to be here? My son went to take AFS schorlarship test twice becase he wanted to study aboard. In fact, he wants to live next to me. I know that he is more comfortable around me than his father.

Do you have information of a good lawyer for this case?

How much cost will be and how long will it take?

When and where should I start?

If anyone have this experience please suggest me!!

Thanks so much!

From a mother of her child

First, in what state in the US do you reside? I assume that there are no orders currently regarding child custody. You may be able to secure orders in family court with regard to custody - especially since the child's father does not actually have physical custody (child is living his aunt, not dad). Depending upon the state in which you are a resident, an order could be secured granting sole physical custody to you. Then with a certified copy of said order, you could appear in Bangkok with your son, secure a passport for him and travel to the US. This of course all depends upon the state in which you reside.

You securing a US passport for your son is based upon your statement that he is 'qualified' as a citizen in the US. If so, why are you seeking to secure a visa for him to travel to the US? As a US citizen, no visa is required.

Hi All,

Thanks so mch for your respones. I live in Virginia state in the US. Yes my ex-husband has his name on Birth Certificate and he was the one applied CB for the boy. Techniqully, my son is under his care even though he lives with his aunt due to his schoolling. A person at USCIS told me the form of visa I needed to apply. My son will get permanant resident visa and will become US citizen upon the addmission in the US. I tried to speak to my ex-husband that I want him to be here only two years as he will gian more English knowledge, any other benefit such as the citizenship, anyway, he does not seem to listen. I guess my son and I must to wait until the day of interview to see the out come. Yes I plan to be there for him on his interview day. My son has his passport is with him.

Thanks agin'

LL

I assume that your son's passport is Thai, correct? If you would like, you may send to me your contact information in Virginia by private message and I will contact you directly.

[lumyail]

Hello:

May someone give me suggestions please?

I separated with my Thai husband at the end of 2001. We did not legally marry. We have two boys. My oldest son lives with him while the second son lives with me. No child support involved. I them married to an American and moved into the US in 2003. I've contacted my oldest son all years long either I lived in Thailand or in the US. My first son is now 16 year-old. He lives with his aunt where he goes to school.

His fater lives in another province. My son wants to come to the US for study, but he cannot!

I applied the immigration visa for my first son as he wants to. He also qualifies for the citizen of the United State of America. The visa is processing, and it is almost done. My son will need to have a letter from his father for a granting permission on the day of his interview at US embassy in Bangkok. However, the permission letter seems to be impossible. His father does not want him to come here.

What can I do for my ex-husband to agree? I tried to explain about our son benefits on the phone, but he hang up on me. He does not care how much our son wants to be here? My son went to take AFS schorlarship test twice becase he wanted to study aboard. In fact, he wants to live next to me. I know that he is more comfortable around me than his father.

Do you have information of a good lawyer for this case?

How much cost will be and how long will it take?

When and where should I start?

If anyone have this experience please suggest me!!

Thanks so much!

From a mother of her child

First, in what state in the US do you reside? I assume that there are no orders currently regarding child custody. You may be able to secure orders in family court with regard to custody - especially since the child's father does not actually have physical custody (child is living his aunt, not dad). Depending upon the state in which you are a resident, an order could be secured granting sole physical custody to you. Then with a certified copy of said order, you could appear in Bangkok with your son, secure a passport for him and travel to the US. This of course all depends upon the state in which you reside.

You securing a US passport for your son is based upon your statement that he is 'qualified' as a citizen in the US. If so, why are you seeking to secure a visa for him to travel to the US? As a US citizen, no visa is required.

Hi All,

Thanks so mch for your respones. I live in Virginia state in the US. Yes my ex-husband has his name on Birth Certificate and he was the one applied CB for the boy. Techniqully, my son is under his care even though he lives with his aunt due to his schoolling. A person at USCIS told me the form of visa I needed to apply. My son will get permanant resident visa and will become US citizen upon the addmission in the US. I tried to speak to my ex-husband that I want him to be here only two years as he will gian more English knowledge, any other benefit such as the citizenship, anyway, he does not seem to listen. I guess my son and I must to wait until the day of interview to see the out come. Yes I plan to be there for him on his interview day. My son has his passport is with him.

Thanks agin'

LL

I assume that your son's passport is Thai, correct? If you would like, you may send to me your contact information in Virginia by private message and I will contact you directly.

Hi:

Yes my son passport is Thai. The saturday coming, my ex-husband sister will bring the letter graning permission for him to sign, together with her explainations about the benefits that my son will get.

I've make arrangments that my sons, both of them, will visit him during the summer. Any my 16 year-old son will stay with me only 2 years then he will return in Thailand. I think that what I can do at this point. If he still does not agree. I will wait until interview day in embassy....and go from there. I hope it will go smothly.

Can I leve my email address here? I forgot the rules.

Or you know how can I email you form here. I am new to the Forum system.

Thanks so much for your respones

Edited February 3, 2009 by lumyail

[Mario2008]

It is against forum rules to post e-mails. What you can do is send him a PM (personal message).

Just go to the top of the page and look for the line with your login name: to the right you find MY Controls. Click on that and you will get a new page. At the right of this page you will find:

menu

messenger

compose new message

Click this last one. At recepients name you just type in his name and next type your mesage and send it.

[lumyail]

Hello,

Here is the result I found. My ex-husband neither agree to sign a letter that he is granting permission for my 16-year old son to enter the U.S nor to apply for the citizenship of United States. His concern that he would loss the boy then no one take care of him when he gets older. I gave him idea perhaps we could have a lawyer to make a letter agreement that my son will study in the U.S only two years, and then come back. He agrees if there is this agreement.

Questions:

1. Does this agreement have to do at court?

2. Would it be better for me to do this agreement or take my custody?

3. If I do as the question 1 states above, what will happen if my son does not want to come back after two years? I am sure, if he can, we would like to live with me.

4. Does any one know how much the embassy cares on the interview day for a child custody, my son is born out-of-wedlock?

Thanks for your time and suggestions.

[Mario2008]

Such an agreement doesn't have to be done at court. You can just make up an agreement between the 2 of you, with witnesses if you like.

Custody would be better, as I suspect that would make things easier with US-immigration. But you will have to weight the benefits of having custody against the hurt feelings of the fahter.

Depending on his immigration status, he could stay. I believe he will then be 18 right?

[venturalaw]

Hello,

Here is the result I found. My ex-husband neither agree to sign a letter that he is granting permission for my 16-year old son to enter the U.S nor to apply for the citizenship of United States. His concern that he would loss the boy then no one take care of him when he gets older. I gave him idea perhaps we could have a lawyer to make a letter agreement that my son will study in the U.S only two years, and then come back. He agrees if there is this agreement.

Questions:

1. Does this agreement have to do at court?

2. Would it be better for me to do this agreement or take my custody?

3. If I do as the question 1 states above, what will happen if my son does not want to come back after two years? I am sure, if he can, we would like to live with me.

4. Does any one know how much the embassy cares on the interview day for a child custody, my son is born out-of-wedlock?

Thanks for your time and suggestions.

The answer is that the agreement after two years has passed would have no effect since your son will have reached the age of majority (age 18) and therefore any agreement regarding custody between you and the father of your son becomes invalid and unenforceable.

[torrenova]

If the father is unaware of the effect of his son turning 18 and no lawyers are used to inform him of this then go ahead with it.

Far too complex a case to just dole out advice but if the facts are as stated and the father wants the son to be limited in opportunity solely by his desire to have a meal ticket when he gets older then he is not worthy of consideration. I understand the Thai way in this respect but times are changing and it should be up to the children to decide whether to offer assistance, not for the parents to demand it. Financially, the father would surely be better off if the son had greater earning capacity by means of higher education.