Sole Custody For Thai-german Kid

[punisher]

Hi,I would like to know the whole procedure to get the sole custody for my daughter,step by step,which is the first step,how much are the costs for lawyer and family court,how long will it take?Can the mother take my daughter away even im the legalised father?

My daughter has a German and Thaipassport,Im legaly father by thai law ruled by Thai familycourt,we are not married.

Thanks for any suggestions

[MikeyIdea]

What custody do you have?

There are no laws against parent abduction in Thailand so if the mother has not lost her custody rights, then she can just take the child away (regardless of if you have shared custody with her). Only thing you can do in that case is to sue the mother

You have taken a rather intimidating name when you registered to ThaiVisa... Welcome punisher

Edited January 13, 2010 by MikeyIdea

[punisher]

What custody do you have?

There are no laws against parent abduction in Thailand so if the mother has not lost her custody rights, then she can just take the child away (regardless of if you have shared custody with her). Only thing you can do in that case is to sue the mother

You have taken a rather intimidating name when you registered to ThaiVisa... Welcome punisher

Hi,sorry for the name,well Im not really sure what kind of custody I have at the moment,but i assume it's shared custody,if shared custody then why the mother has the right to take my daughter away without my permission,amazing Thailand

[Mario2008]

If you even have custody. You say you legitimized the child through the courts, which made you the legal father. but it doesn't automatically makes you have parental rights (custody). So your first step is to check if you have shared custody with the mother or not. The amphur should be able to tell who has custody over the child.

The person who has sole custody can determine the place of residence of the kid.

If you have shared custody, an important factor is if the mother will contest that you will have sole custody or not. if she agrees, the case is very simple. If she doesn't agree, you will have to petition the court to get sole custody. You will only get sole custody when that would be in the best interest of the child. if not, chances are the court will not give sole custody.

Think about drug abuse, alcohol problems, etc. and not about you being more able to give the kid a proper education, (for that there is child support).

[MikeyIdea]

One clarification: A person who has parental power (custody) is allowed to decide residence. That's a bit the problem, there can be 2 of them and both can do it individually. You do not have to have sole custody to decide residence, shared custody is enough (unless the court has specified something about who can).

Section 1567

A person exercising parental power (natural guardian) has the right: (1) To determine the child's place of residence;

You can ask who has custody at the Amphur. You probably need to prove that you have reason to ask, I don't know what is required so I'd bring tabien baan, either the court papers you have, certificate of fathership (bai rapp rong bott) if you have, or at least the birth certificate and your passport. There is a form called por kor 14 stating custody that you can request

Good luck

Edited January 13, 2010 by MikeyIdea