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Visa Based On Having Thai Child

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I am taking care of my son (4years old) born in Thailand with my thai wife. Full time since 2009. The thai wife is not in the picture and I went to court to get full custody of the child. Lawyer told me yes I can get custody before the divorce is finalized. In Nov 2010 I applied for custody, one delay after another, the wife never shows up at the hearings, the final divorce is scheduled for August, the custody hearing was in April. In may the (woman) judge says the custody can now only be arranged together with the divorce. The lawyer, of course, promised otherwise.

However I don't have to wait for a court hearing as long as the wife agrees to the divorce, we just go down to the local office and sign the papers. In that case, what happens to the custody, who gets custody?

When thai people agree on the divorce, what happens to the children and who gets custody? Or the parents have to agree, and it is incorporated into the divorce papers?

Anyone with any advice.

RP

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