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Posted (edited)

So, a friend of mine recently did a no no. He's old enough to know better, but he recently had a fling with a Thai woman. A married Thai woman, with a real Thai husband. And, you guessed it, managed to get her pregnant. Yes, he is certain it is his child.

The Thai husband naturally, didn't appreciate finding out his wife managed to get herself knocked up by a farang, and not unsurprisingly divorced her. The two didn't have much in the way of assets, and the wife was clearly in the wrong, so the divorce was reasonably amicable. Basically, she left with the clothes on her back and he got everything else.

But this where things get confused. According to the way I read the law, since the woman was not divorced at least 300 days before the birth of the child (it hasn't come yet by the way), the Thai ex husband is still considered the legal father of this baby. This is giving my friend cause for concern. Not because the Thai ex has done anything in particular, but just because there is an opportunity there for problems to develop.

What is a worst case scenario in this case? Could the Thai ex husband actually abduct the baby and run away to parts unknown shortly after the birth? Is there anything that can be done to prevent such a scenario from unfolding? Is there anything that can be done before the birth to deny parental rights to the ex? Also, after the birth at the legalization hearing, if the ex decides he wants to contest the action, what is the normal procedure? Will a DNA test be sufficient proof for the court to grant parental rights to my friend? Is there anything the ex can do to make his life miserable?

Again, nothing has actually occurred. This is all just speculation and worry and I have absolutely no experience with this, so I thought I would ask here. What is the worst case scenario that anyone can imagine?

BTW, he has no desire to marry this woman. He just wants to make sure his rights as a father are protected.

Edited by gregb
Posted

I doubt the Thai ex husband will have any interest in the child

Your friends rights as a father..........he'll get what he pays for.........same as anywhere in the world.

Worst case scenario......another child grows up abandoned by their farang father.

Posted
I doubt the Thai ex husband will have any interest in the child

Your friends rights as a father..........he'll get what he pays for.........same as anywhere in the world.

Worst case scenario......another child grows up abandoned by their farang father.

I'll second that notion. It's not a pretty picture no matter how you look at it. Reading the OP gave me chills and left me shaking my head. Happens all too often here, and the ending is rarely a nice one unless you have a ton of money to throw at the situation.

Glad it's not me. :)

Posted
Worst case scenario......another child grows up abandoned by their farang father.

as opposed to the millions of Thai kids who face the same prospect - their Thai father.

Posted

It seems the former husband has to repudiate that he is the father, only that would open-up the way for your friend to legitimize the child. Your friend and his GF better deal with him about this issue. Of course the former husband will have to pay child support if he doesn't repudiate the child and going before the court the mother might very well get sole custody over the child given the fact that he isn't the biological father.

Under international treaties it might be possible for the child to protest the provisions of the law as he cannot be legitimized by his real father. That would be a very long shot (and expensive).

Posted

BTW, he has no desire to marry this woman. He just wants to make sure his rights as a father are protected................

And have a sad divorced used woman who has been abandoned by the guy who got her pregnant on hand any time he feels the need for a free shag!!!!

Posted
And, you guessed it, managed to get her pregnant. Yes, he is certain it is his child.

I'm just curious - how does he know for sure that it's his baby?

Posted
Worst case scenario......another child grows up abandoned by their farang father.

as opposed to the millions of Thai kids who face the same prospect - their Thai father.

No James......in ADDITION to the (millions?) of Thai kids who face the same prospect!!.....

Posted
And, you guessed it, managed to get her pregnant. Yes, he is certain it is his child.

I'm just curious - how does he know for sure that it's his baby?

I have absolutely no idea, and I didn't feel it was my place to ask specifics. For whatever reason he is convinced it is. You will have to use your imagination I guess. How do any of us ever know the baby is ours?

From the above discussion I understand that if the Thai ex husband does not repudiate the child then it would be *impossible* for my friend to legitimize the child? Is that a correct understanding? Seems a bit harsh. There is no way he could sue under these circumstances, along with DNA evidence, and have a judge make the determination? Let's assume for the sake of argument that the Thai ex does not put up a fierce legal battle, but neither will he cooperate. That seems to be the most likely scenario.

Does anyone know the actual law?

Posted

I read somewhere that the Thai husband can claim using Family law against your friend and get a substantial monetary payment.

Posted

You ask what is worst case scenario. 1 Ex husband??? demands monetary payment from your friend for disrupting his happy home. 2 Friend is asked for support for child after birth (although child may display no farang characteristics) 3 Mother demands and receives monthly payment from friend for her and extended family living expense. 4 friend is asked for new wardrobe as lady kicked out with only clothes on her back. 5 Friend pays for medical expense to determine child's relation after noting lack of farang characteristics. 6 Friend determines thru private investigator (more money) that lady and ex husband were never married and lady is topping up his earning each month from friends monthly contribution for living expense. On the bright side, if none of the noted 'worst' transpires your friend might get his name on the kids birth certificate and the kid upon reaching maturity will send the aging father one half his paycheck each month.

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