How Do I Get Custody Or At Least Legal Visitation Rights To My Child?

[lincsong]

My ex Thai GF has my 8 month old Son (DNA sure). I am listed as father on the birth cert. my ex will fight me whenever possible. I would like to get full custody (or at least regular legal visitation rights)... how and/or who can help me? money is not a huge obstacle. I have a very nice home and a wonderful new GF (for over a year), which would provide a much healthier, more stable life with far more opportunities than my ex can provide (or even understand!). I have been supporting my ex through her pregnancy, even though I had many reasons to believe the child may not be mine, I was present at the first ultra sound, and at my Son's birth, and I currently send 10,000 Baht per month each month as child support. Any advice and the names of good lawyers would be great! Thank you very much,

L

[sarahsbloke]

1) Stop sending money

2) Employ solicitor

3) Get solicitor to apply to court for custody with DNA evidence

Without you giving her money she will be much keener to have you recognised as the legal father.

At the moment you are paying her to stop you seeing the kid, if she fights you why would you give her money?

If you want any rights over the child you must cut off the money supply.

Thai courts nearly always give 50/50 custody if both parents living in Thailand.

(Thai courts usually award 100bht a day child support, but she would need to admit you were the father to get that award)

Edited May 30, 2010 by sarahsbloke

[lincsong]

1) Stop sending money

2) Employ solicitor

3) Get solicitor to apply to court for custody with DNA evidence

Without you giving her money she will be much keener to have you recognised as the legal father.

At the moment you are paying her to stop you seeing the kid, if she fights you why would you give her money?

If you want any rights over the child you must cut off the money supply.

Thai courts nearly always give 50/50 custody if both parents living in Thailand.

(Thai courts usually award 100bht a day child support, but she would need to admit you were the father to get that award)

Thank you for your help... My biggest fear is that my ex will go back to "work" and leave our Son with her Mother. I have also wanted to make sure that she and my Son were comfortable during these first months of his life, but am more willing to do whatever it takes to get my Son back. I am also worried that if I go to court to get custody, that my ex could argue that I have not been a good father by not sending support money. If I stop sending money, could that come back to bite me in court, or elsewhere? Thanks again!!!

L

[lincsong]

1) Stop sending money

2) Employ solicitor

3) Get solicitor to apply to court for custody with DNA evidence

Without you giving her money she will be much keener to have you recognised as the legal father.

At the moment you are paying her to stop you seeing the kid, if she fights you why would you give her money?

If you want any rights over the child you must cut off the money supply.

Thai courts nearly always give 50/50 custody if both parents living in Thailand.

(Thai courts usually award 100bht a day child support, but she would need to admit you were the father to get that award)

Oh yes, and who is a good solicitor for the Isan area of Thailand???

[Mario2008]

I would recommed Isaanlawyers. They have a good reputation regarding family law.

Since you are not married, you currently have no rights under Thai law. To get parental rights, you will need to go to court. If she contests you are the father, the court may require a DNA check.

The custody issue is another step, to which can also object. As been said above, Thai courts are reluctant to grant sole custody. Only in cases where people are unfit or a danger to the child will a court grant sole custody.

[lincsong]

I would recommed Isaanlawyers. They have a good reputation regarding family law.

Since you are not married, you currently have no rights under Thai law. To get parental rights, you will need to go to court. If she contests you are the father, the court may require a DNA check.

The custody issue is another step, to which can also object. As been said above, Thai courts are reluctant to grant sole custody. Only in cases where people are unfit or a danger to the child will a court grant sole custody.

Thank you very much for your help!

[MikeyIdea]

Thank you for your help... My biggest fear is that my ex will go back to "work" and leave our Son with her Mother.

You never have to worry about the mother leaving the child with the grand mother and go back to work if you have shared custody. When you are the legal father, then you have the right to demand that the mother hand over the child to you if she cannot take care of the child herself. The grand mother has no rights. That doesn’t mean that the mother doesn’t have the right to let the grand mother see the child or can leave the child there *sometimes* during the day, or *occasionally* during the night, but you as father can force that the child sleeps with the mother, or with the father on a regular basis.

Assuming that you are the biological father

Everything is depending on how good you are as a father. You will have no problems getting your child legitimized, that part of the process is just a formality. If the mother contests that you are the biological father, then the court will order a DNA test, otherwise DNA is not needed. You will get shared custody unless there is specific evidence showing that it is not good for the child that you get it. Sole custody is only going to happen if you have clear evidence of child abuse etc.

Custody or not is probably not the question, if you have the intention to be a good father then you will get it easily, question is possession of the child. How many days should the mother have and how many should you have? Present yourself well and I would expect that you will get a reasonable deal. Currently, you have no rights and no obligations to the child. You have no rights to see the child unless the mother allows you to and she cannot demand that you pay even one single bath for the child either.

One thing. 10,000 bath is way too much, immediately reduce it to 3,100 to max 4,000 bath per month, I’d say 4,000 bath per month considering the age of the child. What you pay now going to set the standard for what the mother will request in the future and the courts may question why you want to reduce it when you request custody, reduce it now before taking it to court. The law specifically state that the money is for the child only, the mother herself has the right to exactly nothing. Keep all receipts of all expenses related to the child and to the mother. If you don’t have e.g., the bills from the birth of the child, then go to the hospital and request copies.

Good Luck