Guardianship Of Children

[scorecard]

This is an all Thai situation, details:

- Thai couple have child then get married (at logal Ampur office). Childs birth is registered in fathers surname.

- Couple quickly separate and divorce, mother signs official documents that gives father full guardianship, and child lives with father full time. On divorce mother is given a sizeable divorce settlement and signs document agreeing that she will not make any further claims on the ex-husband.

- Father now has new partner, not yet married, but very solid relationship (father now rather careful about actual marriage after first negative experience of marriage) and they now live happily together with original child and new partner has willingly taken over all responsibilities of step-mother and doing it well and sincerely.

- Father now wants to put documents in place to ensure that when he dies the new 'step-mother' will automatically become the legal guardian of the said child. Step-mother is willing to and desires to be be legal guardian.

Here's the question: Is it possible in the above circumstances for the father to nominate / to pass guardianship to his new partner without further further consent from original birth mother? Or, would (if the father dies) guardian have to, by law, pass back to the original birth mother?

Appreciate any advice in regard to the law in this situation.

(The said child is now 5 years, old, and if father dies after child has turned 18, then of course there is no need for guardian.)

[GuestHouse]

My guess is the step mother would have to go through a formal addoption and that just might necessitate the father and step-mother getting married.

[Mario2008]

I have moved it to the family section, as that is a better place for this question.

Interesting question. In the west one would normaly make a will and state in there who you woulkd like to become the legal guardian in case the parent(s) die. Not sure how that would be done in Thailand and how strong a claim of the mother would be.

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