How To Gain Parental Rights As A Father

[Mario2008]

To get married you need to go to the amphur (or Khet in bangkok). As a foreigner you need a letter from your embassy that you are allowed to marry "affirmation of freedom to get married". You will need to ask your embassy what they need to issue this letter.

Once you have this letter, you need to translate it to Thai and next certified by the Thai Foreign Ministry, consular department. When that is done you go with the documents and your wife to be to any amphur and get married.

When you get married you will automatically have legitimised the child as your.

Next you cna get a divorce, also at the amphur. During this you submit an agreement between you and the mother stating that the mother gives you sole custody over the child and that you can decide the place of living of the child. This will also be entered into the divorce register and become a binding contract.

The amphur should than be able to give you a document stating you have sole custody over the child. There is a form for that at the amphur.

[elronis]

one more question and i think that's it

does my daughter have to already be written in the house book of my friend for me to get legitimization upon marriage?

also when divorcing? does my daughter have to already be written in the house book of my "wife" for me to get full custody upon divorcing by mutual consent?

the reason i am asking is - my daughter is 2 month old already but my friend didn't go to the amphur where she is registered to add her. do we have to do it before or we can finish the all procedure without her been written in it?

[Mario2008]

The child will already be in a household registration book. But that is unrelated to the legitimsation or the divorce.

Registration is smart, I presume there is already a birth certificate. The registration gives the child an official address where the government can send documents too. It will also determine the place where you have to go to family court, as I believe that is determined by adress of the child.

[elronis]

dear mario

what do you meen by: "The child will already be in a household registration book" ?

my friend didnt add my doughter to the tabian baan as she have to go to her hometown do do so and she dosent have time for it now.

so my question was if this is critical in order for me to get legitimazation when we are married and also the sole custody when we divorce? or we can live it like this and dont add her to the tabian baan?

thank you

[Mario2008]

Sorry. I should have added "probably" as often it is done in the process of registering the birth. (But not when the amphur of birth is different from the amphur of registration).

As said, it is not critical. It might be if you go to court, but you are going through the amphur.

[fabman5]

thanks mario , do you know what the court process is ? can me a my girlfriend do it ourselves or do we have to get lawyers involved ?

we live in hua hin

[Cappy]

mario,

I have been married to my thai wife for 9 years. We have a daughter (7) Thai born and registered w passports from both Thailand and the US. Our son (13) was born in France before we were legally married and during a time of separation so my name is not on the birth certificate. (blank)

My wife and daughter have my family name and we want to make sure our son can also have my name and i be legally recognized as his father.

How/Can this be done?

If so do you know if the US will recognize this and can we apply for US citizenship?

thanks and regards

Steve

[Mario2008]

thanks mario , do you know what the court process is ? can me a my girlfriend do it ourselves or do we have to get lawyers involved ?

we live in hua hin

Some people have reportedly done it themselves. I suggest going to the family court and have a talk with the law clerk about doing it yourself (together) and about the procedure.

[Mario2008]

mario,

I have been married to my thai wife for 9 years. We have a daughter (7) Thai born and registered w passports from both Thailand and the US. Our son (13) was born in France before we were legally married and during a time of separation so my name is not on the birth certificate. (blank)

My wife and daughter have my family name and we want to make sure our son can also have my name and i be legally recognized as his father.

How/Can this be done?

If so do you know if the US will recognize this and can we apply for US citizenship?

thanks and regards

Steve

I believe US requires legitimization of the child (and might also require a DNA test).

As far as Thailand is concerned, with marrying the mother you legitimised the child. I don't know if they require if your name is on the birth certificate, the law doesn't tell. What you best do is check at the amphur who are registered as the legal parents of the child. It might very well be that you are already registered as the legal father of the child. If not, ask for the amphur to register you as such based on the marriage.

If refused, you can go to court. (But first contact DOPA (www.dopa.go.th) who set the rules and can give a more definite answer).

For the US embassy the legitimisation in Thailand should be enough, as said maybe with an additional DNA check. A small problem is that the child was born in France, that might complicate it a little as also French law might play a role. (I don't know).

But I have good hope that you are registered already as the legal father and with proof of that you can contact the US-embassy.

[fabman5]

thanks for your help

[esprit]

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.

Slightly off this topic but related. My English best friend requires some advice. He is shortly to marry a Thai lady who has a 2 year old son. The son's birth certificate states her name and that of the father, a British man. However this is complicated by the fact that the British man is not the real Father as that is a Thai man ( that is another story !). His future wife has never legally married. The questions my friend is asking is, on marriage his new wife will take my friends family name so how easy will it be to change the name of her son to her new family name and secondly how can my friend, once married, gain parental rights as if the boy was is own son ?

[Mario2008]

Not sure on this and best asked for legal advice.

Marrying the mother might legitimite the child by him, but not sure what the procedure is when the name on the birth certificate is different.

One would also need to keep in mind that the British embassy might require additional proof to accept that he is the legal father before they will grant the child british nationality. I don't know about their rules.

A formal adoption might be the best way to go forward. But I would discuss that with a lawyer.

[elektrified]

How to get the legal document declaring Father when parents are not married?

I know this has been covered a few times but in looking through the old threads as well as this one, I mostly find info related to contested matters. My situation is quite straightforward and my question is simple.

My g/f and I live together and have done so for about 6 years. We have a son who will be 4 years old next month. I am of course listed on the birth certificate as the Father. I did not sign the bottom line on the birth certificate, my g/f did even though I was right there at the time. No one at the office said anything about if it mattered who signed it. I did not know it made a difference until I read about it on TV a few months after our child was born. Then I read that even that didn't matter if the parents are not married or that the law had changed. My son is a dual citizen. He has both a Thai birth certificate and a U.S. notice of birth overseas as well as a U.S. passport.

Now my g/f has been reading something on one of the forums she is active on and asking me to get this paper that I made reference to. When I asked about this in the past or read about it on this forum, it was explained to me that the court can be petitioned when the child reaches age 7. But in this case the mother is urging me to get this paper and it can be agreed/stipulated upon. She says one woman on her forum said she and her foreign b/f of many years just went to the Amphur in Bangkok somewhere to get this paper. True?

We don't want to spend crazy money on lawyer fees. How can we get the right answer and where do we go to get this legal document? We are in Chiang Mai.

Thank you.

P.S. if Mario2008 or someone knows what the name of this document is called would you be kind enough to post it in Thai and English translation? Thanks again.

Edited August 28, 2013 by elektrified

[Mario2008]

You are not the legal father if you are not mariied to the mother. In that case there are 3 ways to become the legal father:

1. marry the mother and you become the legal father

2. go to court and ask to be recognised as the legal father. If the court grants this, you take the court decision with you to the amphur and will be registered as the legal father of the child.

3. go together with wife and child to the amphur and declare that you are the father and have them agreeing to that. THis however can only be done when the child is old enough. The law doesn't give an age, but at most amhurs the norm is that the child is at least 7 years old. (But up-country where everybody knows eachother soemtimes it is done at a youger age, like 4).

Seems that going to court is the right way. Most people use a lawyer, but some do it themselves. You could go and ask the law clerk at family court on how to proceed. They might help you or tell you to get a lawyer.

[elektrified]

You are not the legal father if you are not mariied to the mother. In that case there are 3 ways to become the legal father:

1. marry the mother and you become the legal father

2. go to court and ask to be recognised as the legal father. If the court grants this, you take the court decision with you to the amphur and will be registered as the legal father of the child.

3. go together with wife and child to the amphur and declare that you are the father and have them agreeing to that. THis however can only be done when the child is old enough. The law doesn't give an age, but at most amhurs the norm is that the child is at least 7 years old. (But up-country where everybody knows eachother soemtimes it is done at a youger age, like 4).

Seems that going to court is the right way. Most people use a lawyer, but some do it themselves. You could go and ask the law clerk at family court on how to proceed. They might help you or tell you to get a lawyer.

Thanks for that. I believe you are in Chiang Mai Mario2008. Where is the Family Court located and what is the name of the document we want to apply/petition for?

[Mario2008]

The Juvenile and Family Court of Chiangmai

Kaew Nawarat Rd., Wat Ket, Muang Chiang Mai, Chiang Mai,, 50000; Thailand, 50000 ‎

053 248 353 () ‎

It is on google maps: https://maps.google.co.th/maps?ie=UTF-8&q=chiang+mai+family+court&fb=1&gl=th&hq=family+court&hnear=0x30d0ccc8c2997841:0x6a69e176922503d4,Chiang+Mai&cid=0,0,14263533217348359397&ei=kO0dUoilEIeCrgfosYCYCQ&ved=0CK0BEPwSMAs

You just petition the court to become the legal father, there is no legal form for. The court decision is than submitted to the amphur, which records you are the legal father. To confirm that you are the legal father to show others there is a form, but I don't know the name.

[elronis]

hi all.

so i am at the finishing point:

got married to my thai friend and now i am officially the father of my child.

next step is - she needs to sign some form in the amphur that say i can take my child with me out of thailand. we went to the amphur in bangkok but they said that she have to do this only in the amphur where my child is written in(by tabibaan) wich means go to the amphur in her hometown.

so the questions are as follow:

1. anyone know what is this form? any link to a good printable version?

2. what are the requirments? what documents she needs to show?

3. do i have to go with her and sign something as well?

thank you

[Mario2008]

There is a form, at least another memebr mentioned it, but suprised it can only be gotten from amphur where registered. You will have to search the forum to find the post.

Many people don't bother with the form, and if the child has the same last name as you there is normally no check. A simple letter from the other parent, with signed copy of the ID card, giving you permission to take the child abroad should be enough.

[elronis]

does anyone have an example of the amphur form to legelize a child for the father for an unmarried couple with a child? or if not, so the form number?

[Mario2008]

The amphur will know the correct form number.

But know that the child must be at least 7 years old to do it this way, although some amphurs will do it at a younger age.

[Mario2008]

The amphur will know the correct form number.

But know that the child must be at least 7 years old to do it this way, although some amphurs will do it at a younger age.

[elronis]

i am asking here because i asked at the amphur and she looked at the birth certificat only and answered i am the father wich mean she didnt really understand so i told her nevermind. anyone done it and have the form?

[Mario2008]

Inquire at DOPA: they set the registration requirements for the amphurs.

Website: www.dopa.go.th. They also have an information number on their website, or just call the general government information number 1111, and they will sort it out for you.

[elektrified]

The Juvenile and Family Court of Chiangmai

Kaew Nawarat Rd., Wat Ket, Muang Chiang Mai, Chiang Mai,, 50000; Thailand, 50000 ‎

053 248 353 () ‎

It is on google maps: https://maps.google.co.th/maps?ie=UTF-8&q=chiang+mai+family+court&fb=1&gl=th&hq=family+court&hnear=0x30d0ccc8c2997841:0x6a69e176922503d4,Chiang+Mai&cid=0,0,14263533217348359397&ei=kO0dUoilEIeCrgfosYCYCQ&ved=0CK0BEPwSMAs

You just petition the court to become the legal father, there is no legal form for. The court decision is than submitted to the amphur, which records you are the legal father. To confirm that you are the legal father to show others there is a form, but I don't know the name.

So to follow up on my situation, we went to the Chiang Mai Children's Court the other day. We approached the court clerk (I believe he was a lawyer) and told him that we wanted to petition the court under S. 1555 CCCT for me to be recognized as legal father under Thai law. He was friendly and polite and knew exactly what we wanted to do. We asked for a form to file, and showed him the copies of all the papers we had prepared and brought with us. His response was that we need to contact an attorney to assist us. We politely told him that it was not necessary and that we were capable of doing it ourselves. He then picked up the phone and made a phone call to a woman whom I overheard him say to my g/f was the head of an association of C.M. lawyers - perhaps bar association? and that she was the head lawyer and spoke excellent English. He put her on the telephone with me. I explained the situation again in English to her and she said that it was best to get a lawyer to help as "a petition had to be filed, a copy published in a local newspaper and that it could take a couple of months and maybe a lawyer could get it done quicker." I again persisted that we did not want a lawyer and that we could do it ourselves, that 2 or months was fine with us. I asked her if we could get a copy of the petition from her but she said something like "she was not sure if she had one around." Anyway in the end nobody seemed to want to help us and the clerk said he thought even the most junior of lawyers would want want 10K THB to assist us.

The whole time, we were both very polite and I had a good conversation with the clerk in Thai language and he was a nice person but would not budge on his position.

We aren't going to waste 10K THB on something we can do ourselves so my question is: does anyone know if there is a form on-line somewhere for this petition or is there a law library in C.M.? Or does anyone have a copy of the petition that they could post or send by P.M. (any personal info deleted of course). Or Mario, do you know if they have paralegals in Thailand? If so, how would we find one in C.M.? We don't mind spending 1-2K THB for someone to help but we don't need a guy or gal in an Armani suit taking our money and getting his/her clerk to do the simple job. Thanks in advance.

[Mario2008]

CM-university will have a law library, where you could look for some information. You can also ask around on the faculty of law, they have a law clinic.

http://www.law.cmu.ac.th/law2011/clinic/clinic.php

[elektrified]

CM-university will have a law library, where you could look for some information. You can also ask around on the faculty of law, they have a law clinic.

http://www.law.cmu.ac.th/law2011/clinic/clinic.php

Thank you very much Mario2008. Excellent idea. Thanks for all the valuable information you provide the members of this forum.

[woodside30]

Firstly may I say how impressed I am with all the help you give the posters. I have read through them and have a question which I hope you can help me with. I am UK citizen living in France. I fathered a child with a Thai girl who was married to a Thai but separated from him. My daughter is now two and I am shown on the birth certificate as the father. I have had a DNA test done to support an application for a British passport so I am pretty sure I am the father. They currently live in Sri Racha. I have been supporting them and the girl's other daughter by her husband. The mother has a very volatile temper. On my visit 2 weeks ago she lost her temper because I refused to buy her a motorbike (she has no licence and I cannot buy it as I am not resident etc) and anyway I am not sure it is a safe mode of transport. I told her to take a tuk tuk when she needed to do shopping etc.Her reaction has been to cut me off completely from any phone contact with my daughter who calls me Daddy. She has also been talking about going to get a job in Singapore or Cape Town (we met in Cape Town) and dumping the 2 girls on a relative. I am not happy with that as the elder daughter suffered quite badly when she was left previously with the same relative. I assume I have very little rights so I would like to know how I can strengthen the rights I have and obtain visitation rights and also custody (joint or otherwise) rights if possible. Thank you in advance.

[Mario2008]

As I understand it, your child was born during marriage to another person. That means that he is the legal father and only he can change that by filing an action to repudiate the child. (and that must be done within 1 year of birth (or possibly within 1 year of having knowledge that the child is not his).

That means you have no legal options.

The only option is social services if the children are left with a relative and the relative is not taking good care of the children (which you will need to proof). That might open up the way for letting you taking care of the children, but the mother might say she than wants another relative to take care of the children.

[stoneyboy]

The Juvenile and Family Court of Chiangmai

 Kaew Nawarat Rd., Wat Ket, Muang Chiang Mai, Chiang Mai,, 50000; Thailand, 50000 ‎

 

053 248 353 () ‎

 

It is on google maps: https://maps.google.co.th/maps?ie=UTF-8&q=chiang+mai+family+court&fb=1&gl=th&hq=family+court&hnear=0x30d0ccc8c2997841:0x6a69e176922503d4,Chiang+Mai&cid=0,0,14263533217348359397&ei=kO0dUoilEIeCrgfosYCYCQ&ved=0CK0BEPwSMAs

 

 

 

You just petition the court to become the legal father, there is no legal form for. The court decision is than submitted to the amphur, which records you are the legal father. To confirm that you are the legal father to show others there is a form, but I don't know the name.

 

So to follow up on my situation, we went to the Chiang Mai Children's Court the other day. We approached the court clerk (I believe he was a lawyer) and told him that we wanted to petition the court under S. 1555 CCCT for me to be recognized as legal father under Thai law. He was friendly and polite and knew exactly what we wanted to do. We asked for a form to file, and showed him the copies of all the papers we had prepared and brought with us. His response was that we need to contact an attorney to assist us. We politely told him that it was not necessary and that we were capable of doing it ourselves. He then picked up the phone and made a phone call to a woman whom I overheard him say to my g/f was the head of an association of C.M. lawyers - perhaps bar association? and that she was the head lawyer and spoke excellent English. He put her on the telephone with me. I explained the situation again in English to her and she said that it was best to get a lawyer to help as "a petition had to be filed, a copy published in a local newspaper and that it could take a couple of months and maybe a lawyer could get it done quicker." I again persisted that we did not want a lawyer and that we could do it ourselves, that 2 or months was fine with us. I asked her if we could get a copy of the petition from her but she said something like "she was not sure if she had one around." Anyway in the end nobody seemed to want to help us and the clerk said he thought even the most junior of lawyers would want want 10K THB to assist us.

 

The whole time, we were both very polite and I had a good conversation with the clerk in Thai language and he was a nice person but would not budge on his position.

 

We aren't going to waste 10K THB on something we can do ourselves so my question is: does anyone know if there is a form on-line somewhere for this petition or is there a law library in C.M.? Or does anyone have a copy of the petition that they could post or send by P.M. (any personal info deleted of course). Or Mario, do you know if they have paralegals in Thailand? If so, how would we find one in C.M.? We don't mind spending 1-2K THB for someone to help but we don't need a guy or gal in an Armani suit taking our money and getting his/her clerk to do the simple job. Thanks in advance.

 

I am in the process of legally becoming the father of our daughter born outside of marriage.

So far the whole process has cost no more than 1500 baht including the services of a lawyer twice.

Tomorrow is the final time we have to go and this time it will be in front of the judge.

This whole process has taken over three months already and has involved two family members being present to back our relationship up including signing some papers.

We have been questioned on two occasions by a lawyer about how long,where and when we met and the reason for my petitioning etc.

I have signed many forms and given personal details from the UK.

Full cooperation from my girlfriend as we are still together has mad the whole process easier.

So far it's been very hassle free and all those involved have been extremely helpful,my only gripe is the time constraint but that's due to arranging a court date which was set two months ago.

This time tomorrow I will be the legal father of our daughter.

Sent from my iPad using Thaivisa Connect Thailand mobile app

[woodside30]

Thank you Mario2008. That has thoroughly depressed me. That the mother can do this and I have to stand by and watch. The poor little girl.