Haw Can I Get Custody? Mother Say No

[Father]

How to do now - what lawyer in Pattaya - how much will this cost me?

My son is soon 2 year and live with grandmother up in the village. My ex travelling around asia, working and looking for new bf. Last autumn she asked me "when him can live with you" and I said when him get little older.

(at that time she sometime stay in the village, sometime go work Bangkok, sometime get work in nearest city - not a very steady person).

Here the facts so far :

I live Thailand many year, and will continue stay here.

We never married, only live together.

After birth we go together to Amphur (in Isaan same city our son born) and register the birth.

I am named at the BC as the father and my son has my family name.

(they took copy my passport and driver lisence, and we signed together).

We broke up a few months later.

Our son being only 6 months that time, she say best him stay with she for now, but when him get little older, she want him stay with me.

I send support B 3.000 to him every month + I send alot of clothes every 4 months.

I wish my son live with me, but when have school holiday and before that too, can stay with his mother 1-2 month when she want to see him.

About her: (this is not to be negative, just the facts): meet on internet the last year she study at University. She started work, change work 6-7 times the next 2 year (argue with boss). Our relationship on and off, she always look for better man, better work, more money. Never know what she want, can be very aggressive (ala thai soap TV) and long time before cool down. Enjoys make problem for nothing. She know I have less than B 100.000 in the bank, she know I have pension (dont know how much).

She have said before "I know how to get your money if you not take care our son, have farang in my family, can contact your country " ...

Today I got in contact with my ex gf, after she received my email/chat where I asked her "can our son stay with me now"?

She: you never get him stay with you!

I: Why ?

She: I want him stay with my mother.

I: Why? You say many time your (single) mother not want take care him alone (and I know thats right).

Also you said last autumn you want him live with me because I can give him better life. Why did you say that?

She: I was angry at that time.

I: you stay with our son now?

She: you know I must go look work. My mother take care him.

I: we can go Lawyer if you want, and make agreement that our son stay with me, but that you can see him every school holiday and similar before that, if you want? I not take him away from you. This not about you or me, this about what is best for our son. Before you not want him go school in your small village.

She: I am looking for new bf who can love me and my son. Now I stay Bangkok, tomorrow I go to ---- asian country (much poorer than Thailand) for work.

I: so you never want I see him again?

She: I can take him go see you tomorrow for some days before I go work.

I: you just said you go to ---- country tomorrow for start new work?

Many more contradictions until we stop talk...

My questions:

What family lawyer can be recommended (I live in Pattaya - son live near Ubon - his mother all around asia)?

What is the normal fee for these cases?

From previous experiences, what are my chanses to get custody?

Can I legally prevent my ex to take our son out of Thailand?

Sorry if this post somehow strange, this just happend today and I can not express how sad I am now.

Have try read other posts, but all in a blur just now. Worried that she will take our son to another country soon. Dont have foreign friends in Pattaya as I use to live in isaan, since I moved to Thailand. Will go upcountry again.

Father.

[Mario2008]

Do you have a copy of the birth certificate and does it list both you as the father and as the person who registered the birth, if so you in all likely hod will have joint costudy over the child with the mother.

Under Thai law you can try to get sle costudy over the child. Thai courts take the interest of the child as their prime concern. A factor in that will be how well do you know the child and how well does the child know you. If you are a complete stranger to the child, you won't have much chanche on getting sole costudy.

Maybe someone can recomend a good lawyer in the Pattaya area, otherwise have a look at your embassy website. many embassies have a list on their site with names of lawyers and their expertise.

[Father]

Do you have a copy of the birth certificate and does it list both you as the father and as the person who registered the birth, if so you in all likely hod will have joint costudy over the child with the mother.

Under Thai law you can try to get sle costudy over the child. Thai courts take the interest of the child as their prime concern. A factor in that will be how well do you know the child and how well does the child know you. If you are a complete stranger to the child, you won't have much chanche on getting sole costudy.

Maybe someone can recomend a good lawyer in the Pattaya area, otherwise have a look at your embassy website. many embassies have a list on their site with names of lawyers and their expertise.

Yes, I have the Yellow birth certificate and I expect registered both as the father and as the person who registered the birth (guess thats why they took copy passport and thai driver lisence). I signed 3-4 documents in the Amphur office that day. Its in Thai, so until I find a lawyer, I can not confirm this though.

I stayed with the child first 3 months, then we split up. The child dont know his mother anymore as well, see my OP. I guess the Thai Court will say we both are stranger to the child, as him only stay with grandmother since we split.

Even with shared custody in the future, can a lawyer assist me, so at least my son get to stay with 1 of his parents?

As mentioned, my savings are very small, but I have a good steady pension monthly.

I need to find a lawyer who will realy do something for the money - not just sweet talk me, and then do nothing.

If Moderator dont mind, I will make a very short request in the pattaya forum, for a family lawyer.

[Mario2008]

As you have costudy, together with the mother, both of you can just take the child from the grandmother. The grandmother can't hold the child against your will. Only the mother can hold the child against your will.

As said, i don't know a layer in Pattaya. For the isaan area I can recommend Isaan Lawyers. They are experts in the area of family law.

[JacknDanny]

As you have costudy, together with the mother, both of you can just take the child from the grandmother. The grandmother can't hold the child against your will. Only the mother can hold the child against your will.

As said, i don't know a layer in Pattaya. For the isaan area I can recommend Isaan Lawyers. They are experts in the area of family law.

Pensit and Laws. I used Bangkok office, but they have an office in Jomtien.

Worth every baht.

[geordie]

I am in the process of going for custody of my daughter, her mother has totally broken the divorce agreement. My daughter is in a village in Isaan. I am using a lawyer from Pattaya. PM me and i will give you the details. Geordie

[Father]

I am in the process of going for custody of my daughter, her mother has totally broken the divorce agreement. My daughter is in a village in Isaan. I am using a lawyer from Pattaya. PM me and i will give you the details. Geordie

geordie; i did PM you 28th april, like to get your details. Thanx.

[scorecard]

Yes, It is possible for the father to get custody.

I have a case in my family, however in this instance the father is Thai.

His wife left him, he convinced his estranged wife to go to the local amphur office to sort out the necessary documents for divorce and custody.

With some good reasons, he convinced the head of the amphur office that the child would be better in his custody. The officer quickly wrote a note to this effect, and the ex-wife willingly signed it, giving up her custody rights. Countersigned by the amphur officer.

A little later I asked my lawyer if this was all legal. My concern was that maybe it should have gone through the Thai family court. The answer was YES, it's legal.

[geordie]

Father,

i sent you a PM with my lawyers name and phone number so you could contact him.

Every case is different so i would suggest that you call him and discuss your situation with the lawyer.

Geordie

[CWMcMurray]

Why not just play it cool and have drop off your son and then start the legal proceedings while he is in your care.

That way she has to fight you for custody rather than the other way around. Its one thing to inconvenience you and make you try to pay a lawyer to get your son, but she may not be willing to do the same.

Then you can go through the courts for primary custody, if she is globe trotting around Asia and working full time it sounds like you should be able to make a compelling case as to why you should be the primary care giver.

[coventry]

If you want to take the child out of Thailand just go to your Embassy and obtain a passport. Thailand never signed the 'Hague Convention', so you will not be committing a criminal act as long as you have joint custody. If she has sole custody you would be 'kidnapping' the child.

[samran]

If you want to take the child out of Thailand just go to your Embassy and obtain a passport. Thailand never signed the 'Hague Convention', so you will not be committing a criminal act as long as you have joint custody. If she has sole custody you would be 'kidnapping' the child.

Depending on the embassy, they may require that both parents sign off on the passport application. Just did that for our no.2 a week ago and given that I wasn't present for the application, the Australian embassy rang me, and after confirming my details and hearing me give verbal permission, did they process the passport.

From the Thai side, you need both parents permission as well unless you have documentation stating otherwise. Just did our no 2's Thai passport on Monday and both parents were required to be there.

There may be ways around all this, but none obvious to me.