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Posted
Lets start by asking where does she live and what country did she obtain the divorce in?

Oop's sorry - GF is Thai, lives in Thailand, and ex-husband is Thai. He cant be located and has had no involvement with her or the children.

Posted
Lets start by asking where does she live and what country did she obtain the divorce in?

Oop's sorry - GF is Thai, lives in Thailand, and ex-husband is Thai. He cant be located and has had no involvement with her or the children.

In this case she is going to need an attorney and fill in court. Have her talk to an attorney.

Posted
Lets start by asking where does she live and what country did she obtain the divorce in?

Oop's sorry - GF is Thai, lives in Thailand, and ex-husband is Thai. He cant be located and has had no involvement with her or the children.

In this case she is going to need an attorney and fill in court. Have her talk to an attorney.

thanks for the info. I thought that might be the case, Do you have any idea as to costs and how long the process would take.

Posted
Lets start by asking where does she live and what country did she obtain the divorce in?

Oop's sorry - GF is Thai, lives in Thailand, and ex-husband is Thai. He cant be located and has had no involvement with her or the children.

In this case she is going to need an attorney and fill in court. Have her talk to an attorney.

thanks for the info. I thought that might be the case, Do you have any idea as to costs and how long the process would take.

No idea on cost or time frame. I would not thank that the consultation cost would be that much.

Posted

Your question fits more in the family and children section, I move the topic to there.

To get sole custody one has to go to court and ask the court to grant it. They will also hear the other parent.

Normally Thai courts are very reluctant to grant sole custody, so she will need a good lawyer to stress her case that the father can not be found. It will take several months.

If the father can be located, I believe it is enough if he agrees to the fact that the child will move to the US with the mother.

Posted
Your question fits more in the family and children section, I move the topic to there.

To get sole custody one has to go to court and ask the court to grant it. They will also hear the other parent.

Normally Thai courts are very reluctant to grant sole custody, so she will need a good lawyer to stress her case that the father can not be found. It will take several months.

If the father can be located, I believe it is enough if he agrees to the fact that the child will move to the US with the mother.

In a somewhat parallel situation, my now Thai wife needed a divorce from her long missing Thai husband. Hired a lawyer, went to court. The ex's parents were witnesses that he was MIA more than five years. The lawyer was required by the divorce proceeding to advertise in a national Thai newspaper announcing the divorce action, just in case he wanted to show up at the court to contest it. The lawyer did so, in a pretty obscure Thai legal newspaper that has national distribution and is considered OK by the court.

This process took one or two months, total process three or four months as I recall. Total cost was baht 10,000, pre-1997 crash baht.

Something similar to this might well take place for MIA father of a child in a sole custody request to the court.

???

Mac

Posted

This morning my lawyer told that the total cost will be 20.000 baht and the procees takes two months if the legal father is there and up to six months if the father is not present.

I experienced a similar case end of 2003. From Chiangmai I had to go to the court in Chiangrai.

My usual lawyer in Chiangmai could go there for 15.000 Baht but told me to find a local lawyer to avoid the cost of travel. The first lawyer I met was asking 45.000 baht! The bank manager send me to one of his friends. This lawyer, in his thirthies, could not speak thai but showed impressive efficiency. He asked me 8.000 baht and the process toke 2 months.

Posted

The sole custody document you can get from her local Amphur office it generally is free !

Why do you need a lawyer ?

If the parent is dead then you obviously have sole custody as you are the surviving relative the child's Mother.

Posted
The sole custody document you can get from her local Amphur office it generally is free !

Why do you need a lawyer ?

If the parent is dead then you obviously have sole custody as you are the surviving relative the child's Mother.

The other parent isn't dead (as far as is known), he can just not be found.

Posted

I don't know if it's different for the US Than it is for the UK. I can only say that my wife was in the same position.

she only had to secure a document to say she had full Responsibility. Not Custody.

She got that from at local Amphur with the help of the local head man And a few Baht

Posted

The OP says that divorce documents states equal custody according to the document. I gather that means they have shared custody and that can only be changed with the consent of the father or going to court.

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