How To Gain Parental Rights As A Father

[Mario2008]

Sorry to hear about your situation.

Since you aree married, you are the legal father of the child and you don't have to do anything when they time comes when the mother passe away. You will automatically soe custody as sole surviving parent. On occasion you will have to proof this, such as when applying for a Thai passport for your daughter or when you leave the country whit your daugther (and she has a diffeent last name).

In those cases you get a khor rhor 13 form from the local amphur, that indicates you have sole custody over the child.

If you she doesn't have one already, you can u probably also get a UK passport for your daughter because of your nationality. Your daugther has both nationalities and both countries allow that without any problem.

If your wife has property, she can put it in the name of her daughter without any problem.

The name issue needs to be resolved at the amphur. You can also try to have the birth certificate corrected there, pointing out you were married to the mother at the time of birth so should be named on the birth certificate as the father. Try to have the birth certificate changed first.

Good luck.

[Huayrat]

What process do i need to do to adopt my wifes son??? If i die my wife would get a greater pension foe her and her son and would like to know if its possible to adopt...

[Mario2008]

What process do i need to do to adopt my wifes son??? If i die my wife would get a greater pension foe her and her son and would like to know if its possible to adopt...

Not entirely the topic of this thread.

In short, yes you can adopt your wife's son. But first determine what kind of adoption you need, a Thai adoption or an international adoption. A Thai adoption is easier to do and would be recognised in Thailand. An international adoption is much harder, more costly and for for that you must meet the requirements of both the Thai law as well as the law of your on country. Benefit of this is that it is recognised by your won coutnry and he might be able to claim your nationality as a result.

Adopting your wife's son should be an easier adoption.

Seek legal advise about what you would need to do in order for your son to be eligable for the pension. It might be that a Thai adoption is enough.

Search this section of the forum for more info. As said, your question is off topic in this thread. So for futher questions open a new thread or post in an existing one.

[Huayrat]

Thank you mario

[Mickey Cohen]

Hi to all mums and dads,

I was just wondering if going with my son (coming in 3 months) and my GF (we re not married) to the amphur would be enough to be the legal father AND to have 100% legal rights on my child?

Could somebody alsos indicate me the address of the amphur (Ratchada Sutthisan area)

Thanks a lot and sorry if you have already answered this question Mario

[Mario2008]

Hi to all mums and dads,

I was just wondering if going with my son (coming in 3 months) and my GF (we re not married) to the amphur would be enough to be the legal father AND to have 100% legal rights on my child?

Could somebody alsos indicate me the address of the amphur (Ratchada Sutthisan area)

Thanks a lot and sorry if you have already answered this question Mario

The child will be to young, so you will have to petition the court to legalise the child and get parental rights. With the mother cooperating it is not difficult, but the courts have a waiting time and it will cost money.

[Mickey Cohen]

Thanks for this answer.

How do I go to this court and how much I have to expect paying?

[Mario2008]

Get a lawyer and he will write a pettition to be reckognised as the legal father. The price will largely depend on the lawyers fee. But this is a simple case and you don't need a hot-shot lawyer.

Some people have done it themselves with the help of a court clerk, you don't need a lawyer but it can be handy (especially if tyou don't speak or write Thai).

[Mickey Cohen]

Ok thanks, as I speak read and write thai maybe I dont need a lawyer...

[Mickey Cohen]

Whats the name of this court please?

[Mario2008]

You will need to go to the family court for the area where your child is registered on the household registration book.

You could try google maps, some are listed there.

[Mickey Cohen]

So my gfs tabian baan is from nonthaburi. My son will be born in bkk. Do I have to go the nontharui court? In thai whats the name of this court please?

[Mario2008]

What will happen is that the birth of the child will be registered in BKK, I believe that at that time the child can also be entered at the household registration book with the mother or this will need to happen at the amphur where the mother is registered (or you want the child to be registered).

That court will be competent in your case.

The central court in BKK is I believe called: ศาลเยาวชนและครอบครัวกลาง

[Mickey Cohen]

If the birth is registred in bkk. The child will not have the same tabian baan as his mom? Im not sure to get this.

As for the court, if I dont take a lawyer and just go there with my family knowg that im fluent in thai, Its going to be free or cheap right?

[Mario2008]

The birth itself will be registered at the amphur (or khet in BKK) where the child is born. Next the child needs to be registered on a household registration, that is seperate and it will normally be at the adress wher the mother is registered (or another family member). I'm not sure they cna do that in BKK or that one has to travel to the amphur in question.

Go and talk with the court clerk and ask what is needed and what you should write in your letter and which documents you should include. I understood that 1 memebr did it himself and antohter had some help form the court clerk.

If that is accpeted and you don't need a lawyer it should not be expensive.

[Mickey Cohen]

Ok that was clear, thanks again

[glassdude007]

Thanks Mario......

Just read the whole thread all my questions answered...

But now,

I got some divorce questions for you, Is that your specialty as well??

can recommend a thread for divorce questions???

cheers

[Mario2008]

Thanks Mario......

Just read the whole thread all my questions answered...

But now,

I got some divorce questions for you, Is that your specialty as well??

can recommend a thread for divorce questions???

cheers

Just start he new thread here: http://www.thaivisa.com/forum/forum/164-marriage-and-divorce/

[Mickey Cohen]

Hi Mario and all,

So I got married, my son is due for this month. I dont need to go to court anymore to be the legal father right?

Cheers

[Mario2008]

Hi Mario and all,

So I got married, my son is due for this month. I dont need to go to court anymore to be the legal father right?

Cheers

Right. You will be the proud legal dad of the child.

Congratulations with the marriage and hope the delivery will go well.

[Mickey Cohen]

Thanks

[DerekMarshall]

What do I do?

baby will be born in November for my (UK) embassy to accept, my name must be on the birth certificate no problem for me. How do I go about doing this in Thailand?

And does any one know what a "Long Version" of a UK birth certificate is?

Also what would the right of my forth coming child be in terms of Dual nationality in Thailand. would he/she have full rights to both Thai and UK nationality, passports of both countries?

[Mario2008]

Are you married or not?

When registering the birth at the amphur, the name of the parents will be asked for. The names will be added in Thai, so have your name in Thai with you. Copy it from your marriage register entry, so it is the same.

The long version is called long as it gives more details, needed to establish that a person is British.

Both countries allow dual nationality. The child will automatically be Thai because of the mother, if it will also be a Brit depends on how you got your British nationality.

[RayHaas]

Thanks for this. Been reading through it all. One thing is not 100% clear to me.

Situation: Got a 3 year old daughter. Certificate only and she carries my last name on her Thai passport. Never married. We split up and agreed to shared custody.

All was fine and well till a few weeks ago. She would not let me fly back home with my daughter for a emergency case (my mom dying, wish to see my daughter final time) This resulted in an argument and she has now taken away my daughter from me and I have been threatened with the police is I attempt to even come to the school to see her. She ended the argument with saying I should go to court!! So I assume she won't be against this procedure :-)

Already found a Thai lawyer who will help me in court to establish that I am the legal father. However I was told that even when I become the "legal" father I will still have no visiting rights to see my daughter. What would be the next step after becoming the legal father in obtaining visiting rights? I know I can ask the Thai lawyer but while I am reading this I thought I pop the question.

Many thanks in advance!

[Mario2008]

Your lawyer should ask to have shared custody and for visitation rights together with applying to be recognised as the legal father of the child and start the ball rolling from there. The fact that you have already taken care of the child supports your claim. But i have no knowledge how a Thai court will react.

She can object to you having visitation rights and the court wil decide, she can also ask the court for an order preventing the child to leave the country.

[elronis]

Hi.

Need help understanding my options. Please correct me if I am wrong.

I am farang gad baby with a thai lady. Baby is 2 month old.

We are not married.

My name is on the birth certificate.

The baby is with me and the mother is out of the picture but will cooporate and do what ever is nececery to help me gain rights over the baby.

1. We can go together to central family court in bangkok and get legitimization by signing some forms. No lawyer needed. And then because I will be legitimate father we can have agreement between us about costudy that will bind her legaly. No court order needed.

2. We can get married. By that I will get automatic legitimization. And then (can it be the next day?) Get divorsed and sign a costudy agreement that will also bind her. Again no court order needed.

The thing is I have to go back to my country with the baby as soon as possible and I can not wait long for court order. My embassy reqier that I will be the legitimate father and maybe even have soleccostudy. Again. The mother will do any nececery thing to help me.

[Mario2008]

1. yes, you can go together to family court and petition the court to become the legal father of the child. That will be a little more than just signing and filing some forms. The judge will want to see you and may request a DNA test. You would also file to get custody over the child. This will at least take a month, probably 2 or 3. Also depends on the work load of the court in question.

2. This is an option and is cheaper and quicker. But keep in mind that you will be married and divorced, in the future you will need to show divorce papers and if there are assets/debts, be careful about the consequences of that with regards to debts of either parties. (I don't know if there are any consequences, but keep it in mind).

[fabman5]

hi Mario , i have read through this thread and am still not entirely sure what i have to do in my situation ..

my girlfriend is due to give birth fairly soon , when the baby is born both our names will be on the birth certificate

i would like to get a multiple entry visa to visit my girlfriend and baby

do i have to get a DNA sample as well to be recognized as the legal father ? to get this visa

i am from the UK

thanks

[Mario2008]

What you have to do is become the legal father of the child, for that you have to go to court and file a petition to be recognised as such. If the mother agrees, that should should not be a problem. A judge can ask for a DNA test to be certain, but that doesn't mean it is always asked. For a visa no DNA proof is required.

With proof of beeing the legal father of the child you can get a multiple non-O visa to visit your child and can also get yearly extension of stay from immigration if you meet the finacial criteria.

Without legalisation you will probably only get a single non-O visa.

[elronis]

i posted this by mistake in another thread: please help with this:

ok

i am Israeli

the mother is Thai

the Israeli embassy has issued an id no. for my daughter but will not allow to issue passport and take my daughter to Israel because they want to check with Thai authorities there isn't a legal problem with it.

they have a meeting on the 28th and should know by then what the thai authorities have to say about my situation.

any way i dont think i can wait any more so please advise on marriage and divorce procedures:

1. where do we go to get married?

2. after getting married will i get some kind of document that show i am the legitimate father?

3. do we get divorce at the same place?

4. can we get divorce the same day even? after i get legitimization.?

5. when we will divorce will we get some kind of government form saying i have sole custody?(this is what we will agree on) or i need to do something more to prove my sole custody to my embassy?

thank you