U.s. Passport For My Child... Problems Later?

[lincsong]

I have an 8 month old boy by my ex-Thai girlfriend... My name is on the birth Certificate, but I believe as of now, I have no legal rights to my Son. I was told that by getting my Son a U.S. passport it would be much easier to get at least some custody rights (in court), but I am afraid that my ex could somehow screw me in the future because of this... To get a passport for my Son, I have to accept financial responsibility, which is fine in Thailand (I pay 10,000 per month now), but if she ever got a new boyfriend to take her to the U.S., and found a lawyer, or ???... I have two houses there, and the laws of the States are not in my favor... Has anyone ever heard of the passport for a half Thai/U.S. child coming back to haunt them??? Thank you for your words of wisdom!

[MikeyIdea]

Birth certificate has no legal meaning so you are right, if you're not married then mother has sole custody. Don't know US rules but it does not make sense that custody as such should have an impact on you're childs right to a US passport. Swedish rules require legimization (i.e., that a court confirm that the child is yours), but custody could actually be removed by the same court at the same time and the child is still entitled to her right - to become a citizen of the same country as her father is.

You can easily take this to juvenile court in Thailand, mother cannot stop it - it has nothing to do with if the child has foreign passports or not - and court will legitimize you and give you shared custody (unless specific reasons why they should not give you shared custody come forward). Alimony according to law is calculated using a formula and you are currently paying more than 3 times as much as the courts would order you to pay... Alimony is strictly for the child!, unlike the US.

Can't imagine anyone having managed to go the US way. Still, you made a child so you have responsibilities, I find not wanting to legally acknowledge your own child for financial reasons to be cheap. It is your child

Good Luck

Edited June 3, 2010 by MikeyIdea

[Mario2008]

If the mother wants, she can always file a paternity suit against you. A court can than determine you are the father and should pay child support, etc. So if the mother wants, it doesn't matter if you legitimize the child or not and apply for a US-passport for the child.

[gregb]

A US passport is totally irrelevant in this situation.

If the mother ever gets to the US at all on anything other than a tourist visa, then she can file in the states. Even if all she has is a tourist visa but she managed to bring the child with her, she could still possibly find a way to stay if she has a good lawyer. She need only find a way of proving the child is yours. Generally, that is done over here via an interview with an official from the embassy, but in theory a good lawyer could probably find a way of getting a court order requiring you to take a paternity test in the states. Different states have different rules about this. The fact that you are living outside of the country doesn't really matter to them.

In the mean time, assuming she could show cause to convince a judge she was likely to win the case and that the child was in fact a US citizen, she could probably get a visa to stay in the US as she is the mother of the child. Again, this assumes she doesn't already have this visa from the mythical new boyfriend who got her over there in the first place.

This is all supposition of course, but I don't think there is anyway you could actually stop her from doing any of this. If you are truly worried about it you should not have had the child with her. If she ever gets to the states, lots of legal avenues open up to her.

I would say, simply own up to all your responsibilities. Get the child a US passport, and get yourself legitimized as the child's father in Thailand. As long as the mother and child stay in Thailand, they are subject to Thai rules. If they ever get to the states, all the US passport would do is simplify the process of her suing you. Since the child is in fact yours and DNA tests are quite reliable today, she will likely to be able to sue you to prove paternity anyway. She just needs a physical presence in the US to be able to use the US court system. If she gets a new boyfriend and they move over there together....well, she's "In like Flynn" as they say.

You're the child's father. Be his father. The lack of a US passport won't change that, and it won't protect you from responsibility if the child is physically located in the US.

[phuketrichard]

For a US passport you must file a form which is called consoler "report for birth abroad". To do this you and ur GF must apply at the embassy or when a representive travels to your province (we applied here in Phuket) and both be there and have someone verify that you and she are indeed a couple and the child is both of yours ( i had to do this as when my child was born we were not married). The birth certificate is not enough and no way can u do it alone.

So since your saying she is your ex. i cant see you ever getting a us passport for your son, sorry

and ur correct u have no legal rights. to do so u would have to apply thru the thai family court

If she does get a new bf and they marry he would need to adopt the son, where she would need you to sign as the legal father.

Edited June 6, 2010 by phuketrichard

[WarpSpeed]

I'd like to know how anything related to YOUR son can come back to HAUNT you?? Just because you happen to be getting away with partial responsibility here at this point doesn't absolve you from taking full responsibility for the boy if something happens (?) in the future. Consider all of the years you're getting away with half responsibility (or even less IMO) and consider yourself lucky but I'd like to suggest you take full responsibility without such trivial and selfish concerns and at minimum provide the child with an American citizenship and lineage if possible without any consideration t how it may effect you or your future.. Even though the behavior of his father may embarrass him..

On second thought never mind don't get him a passport that shows you to be his father, it will scar him the rest of his life.. Some people??

Edited June 6, 2010 by WarpSpeed

[WarpSpeed]

Can't imagine anyone having managed to go the US way. Still, you made a child so you have responsibilities, I find not wanting to legally acknowledge your own child for financial reasons to be cheap. It is your child

Exactly....I'll not offer any advice about how to dodge his responsibility or even consider his request, it's an embarrassment to know he's even American...His concerns are moot, baseless, unfounded and selfish...

Edited June 6, 2010 by WarpSpeed

[phuketrichard]

I'd like to know how anything related to YOUR son can come back to HAUNT you?? Just because you happen to be getting away with partial responsibility here at this point doesn't absolve you from taking full responsibility for the boy if something happens (?) in the future. Consider all of the years you're getting away with half responsibility (or even less IMO) and consider yourself lucky but I'd like to suggest you take full responsibility without such trivial and selfish concerns and at minimum provide the child with an American citizenship and lineage if possible without any consideration t how it may effect you or your future.. Even though the behavior of his father may embarrass him..

On second thought never mind don't get him a passport that shows you to be his father, it will scar him the rest of his life.. Some people??

I might be reading this wrong'; How do you know that the ex didn't leave him and he is trying to do the best he can? Dont judge unless ye be judged yoursef.

as to 1/2 responsablity, I have raised my half thai/half american daughter on my own for the past 9 years and feel lucky to have raised her. Its not been easy and has cut into what life i had but i wouldn't have traded it for the world!!!

and as to getting him a US citizenship and passport he cant without the mom agreeing anyway.