My friend has a son , his name is on the birth certificate as the father , looks like the mother of the Kid won't be around much longer , does my friend as guardian of the kid have any rights to a visa to live in Thaialnd ?

As guardian no, as legal father of the children yes. I would strongly suggest he legitimises the children. That can be done in 2 ways.

option 1: Go to the amphur with mother and child and make a claim to be the father. Both mother and child have to support that and your friend will be the legal father. The catch is that the child must give his consent. Most amhurs will want the child to be at least 7 years old, but some seem to be willing to do it when the child is about 3 or 4 years old. If there is a person who can vouch for them and explains the situation, like a school head, village headman etc it might work.

If not, they have to go for option 2: Legitimisation through the court. That is costly because of the lawyer and will take about 2 months, but should not be a problem otherwise.

The father would than qualify for an extension of stay based on being familymeber of a Thai national, requrements are an income of 40,000 a month or 400,000 in the bank.

Or Option 3)

Marry the mother at the local amphur office, legitimization is automatic when you marry and your name is on the birth certificate.

You don't even need to stay married to the lady, if you get divorced you specify 50/50 custody on the divorce contract at the amphur office.

(6000bht for marriage paperwork, 70bht for marriage, 500bht for divorce)

Visa rights for the primary carer same as for married man (400k in bank or 40k per month income)

Edited March 29, 201016 yr by sarahsbloke

listen man,iam in the same situ.but what i did ..i had to serve the (legal documents)on ma bitch ..granted,,,after 15 days if there is no acknowledgment of the receipient then it will go to court and you will stand urself...u don't say a word only that ur the guardian and u can prove u have income,,the kid is signed over to you,u'll be given a custodial cert and that should be it...but u've gotta grease the wheels...no money,no funky