How To Gain Parental Rights As A Father

[laolover88]

A. The court that has jurisdiction is the court for the area where the child is registered on the household book.

B. A Thai court might not recognize the UK-court decision, but will certainly take it into consideration.

A mother disappearing for such long time leaves little doubt that also the Thai court will award the father with the prime care of the children. The mother could only gain a few days a week or month.

But that is not to say that the court will not give her a voice in other things, like the schooling of the child and signing for a passport. Of course it would also mean the obligation to pay half of the educational and medical costs of the children.

Interesting. There is mutual UK/Thai recognition of marriage but not divorce? Marriage never registered in Thailand. There was no problem securing affidavits of freedom to Re- marry from Consular affairs with a notarised Thai translation of the UK divorce certificate and affidavits certified by UK embassy and translations of affidavit. One wonders since the mother has proved untraceable through addresses/family/ID card etc a court would bother!?

Thanks...You have been kept busy today!!

Edited July 14, 2014 by laolover88

[Mario2008]

I think the Thai courts will let things stand as it is. Problem comes when the mother wants to challenge the decision regarding the children (the divorce itself will be recognized).

Then a Thai court will probably give its own ruling regarding the children (but also be very interested in why she left her children alone without ever bothering to try and contact them).

[apiwan]

You mention 3 options.

when the guy marries he is automatically the legal father.

OK. Now the guy gets divorced and the kid/kids

Apparently his right has legal father is no longer.

Weird that

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[Mario2008]

He is the legal father and thus has full parental rights. A divorce does not alter that, unless the court makes a decision regarding the parental rights and gives sole custody to one of the parents. (Which is rare, the norm is it remains shared).

Nothing says that upon divorce the father loses his parental rights again.

[apiwan]

He is the legal father and thus has full parental rights. A divorce does not alter that, unless the court makes a decision regarding the parental rights and gives sole custody to one of the parents. (Which is rare, the norm is it remains shared).

Nothing says that upon divorce the father loses his parental rights again.

You say that.

However I am divorced with sole custody of kids and when I applied for a non O in UK.

I was refused on the basis I was not the legal father

And told to go to amphur in Thailand and sort it.

I did and got a por kor 14

On another thread here

Will apply again when I'm back in UK and see what happens.

No going to court and spending thousands.

But then all cases are different.

Will upload por kor 14 later.

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[Mario2008]

Looks to me that the Thai consulate or embassy didn't understand that you have legitimize the child when you married the mother.

[apiwan]

Looks to me that the Thai consulate or embassy didn't understand that you have legitimize the child when you married the mother.

She wasn't that bright to be honest.

Anyway after a trip to kaet

Explained everything he wrote this

Which the palad amphur told me is all I need. And wanted to ring the embassy there and then.

But 09.00 am here is 0.00 there sadly.

This is not titled por Kor 14

But hopefully better

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[Slotman]

Hi Mario,

I have three kids with my Thai girlfriend, not wife although very happy after nine years.

The three were born in three different districts. I work abroad & my family stay in Thailand. I visit as often as possible but now thought a multi entry visa may be better?

From what I've read on this thread, would I have to come to Thailand & travel to the three provinces to the family courts to legitimize being the childrens father? I am registered on all three birth certificates. Children are 7.5, 3.5 & 6 months old.

Marriage will happen in the end, but why rush things when we're happy?

Cheers!

[Mario2008]

You legitimise the children at the family court for the distrcit where they are registered as living, not where they are born. I presume they are on the same household book.

The child of 7 could be legitimised at the amphur, by simply turning up there with mother and child. The other 2 children must be done through the court.

If you will get a single or multiple non-O depends on where you apply. But with legitimising at least 1 child you can also get extensions of stay from immigration.

[apiwan]

Looks to me that the Thai consulate or embassy didn't understand that you have legitimize the child when you married the mother.

She wasn't that bright to be honest.

Anyway after a trip to kaet

Explained everything he wrote this

Which the palad amphur told me is all I need. And wanted to ring the embassy there and then.

But 09.00 am here is 0.00 there sadly.

This is not titled por Kor 14

But hopefully better1405492411716.jpg

This is the English translation.

The words are

Parental power. Sole person. Child custody.

But not words sole custody. Legal father.

Do I still need to go to court to legitimise my kids?

And hopefully this paper will satisfy the Thai embassy in UK in granting me a non O visa.

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Dr

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[apiwan]

Reposted so it comes out right.

If this is all that is needed to become the legal father.

Many others could do the same.

And not have to get involved in the courts. And spend thousands.

Because here the amphur /kaet hold a lot of power.

Unlike the council offices in UK for example.

Don't forget all cases are different.

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[jucel]

Hi, can anybody give me some advice on my situation!

I have a 5 1/2 year old daughter who I have been looking after since she was a baby. I don't have contact with the mother & want to register the child as she never made me aware of the procedure when she was born.

I was waiting until she was 7 years old to take her to the amphur but after reading this thread I think I need to do something more proactive.

1) Can I take her to the amphur to register myself as the father, without the mother?

2) If I need to summon the court, how long will it take to get resolved & what visa can I get once I am the registered father? Non immigrant O?

My non immigrant o visa finishes soon & I'm not sure if just a copy of the birth cert. will be suffice anymore, with the current crackdown!.

[Mario2008]

Without the mother the only option you have is to petition the court. Depending on the court in question it will take a few months, especially if the mother can't be found it will take time as seevral effords must be made to locate the mother.

When you are the legal father you can get a non-O visa and yearly extensions of stay from immirgaiton if you can show an income of 40,000 a month OR 400,000 baht in the bank in Thailand.

Being involved in a legal procedur is reason for an extension of stay at 3 months at a time.

[apiwan]

Listen to Mario he talks sense.

Where are you I Thailand?

All ampurs are different.

You can try going to the amphur and asking if they will do anything for you

You never know.

But I think it's a case for the court.

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[HilaryRoosevelt]

Thanks for this interesting and important information

[apiwan]

I will be applying for a non O again on first of September.

Based on visiting kids

With my new document por kor 14.

Just in case they need last 3 bank statements now or in future.

But on 27th this month every thing is changing.

Should I apply before or does it not matter.

[Mario2008]

It should not matter. The rules regarding this extenson will not change.

The consulate should give a single non-O and after 60 days you can apply for an extension at immigration.

[apiwan]

Thanks Mario.

I'm in and out of Thailand often. And not really staying long as such.

Hopefully this March we're moving back to UK.

However to avoid problems rather get a multi non O than double tourist visas.

I'm only in Thailand for more than 60 days is school holidays in March April.

Last time I was refused but not given specific reason.

Just go to kaet.

Will let you know the outcome

[apiwan]

Sent of application today. For non O based on visiting kids.

Will update tomorrow

[apiwan]

Finally got my non O today. Based on visiting kids.

EDIT:

Attached photo of multiple non-O visa removed for privacy reasons as it showed the visa number and the passport number. Both can be use to identify you.

Edited August 28, 2014 by Mario2008

[Mario2008]

Congratulations, a multiple non-O even.

[RedCardinal]

Hi Mario

I hope you can help with more information on how the court process actually works.

Background: we have a 2 year old Thai son and we live in Phuket. He is registered on Tambien book in Sakhon Nakon.

Two weeks ago we called the Family Court in Sakhon Nakon and they explained the process, said we could come to the court any day and that a lawyer wasn't needed. To confirm this I asked my Thai girlfiend to call again to make sure it was correct. This time she spoke to another lady who informed her that we should use a lawyer. She also said it should be straightforward, and that we shouldn't pay any more than 5,000 THB for this. She seemed to dislike lawyers charging high prices for this service it seems.

We have called about 10 lawyers we could find in Sakhon Nakon so far. Prices have ranged from 6k to 25k, but here are the problems we're having:

1. some of the lawyers are requiring us to go to the court with them to submit the forms, but the court employee told us we could have the lawyer do this for us. Can the lawyer submit the documents without us present?

2. the court employee told us that the decision would be made about 45 days after submitting the documents to the court, and that we'd have to travel as a family to the court to collect the papers, but it's a little unclear whether we'll have to undergo various interviews etc. Do you know how often we might have to appear at the court?

3. the lawyer we had decided to use suggested we tell the court that we live in Sakhon Nakon and travel to Phuket weekly to work. This is untrue, and we'd have no way to back this up if the court requested details. His rationale was that the court may not issue the document since we don't live in Sakhon Nakon. I was under the impression where we lived didn't matter for legitimization?

4. many of the lawyers want payment up front. I'm more concerned about them performing their duty than the actual cost involved, and I know that once someone is paid the customer has very little leverage to get the service delivered. Is payment up-front for legal services common in Thailand?

Thanks for any advice you can give.

[Mario2008]

1. It seems to me the court clerk is right and the lawyer can file the papers by himself.

2. Depends on the court, but should not be more than 1 or 2 times. 1 tmie to appear before the judge and before that it might be required that you have an interview with a social worker. Living together and appling together this last might not be required.

3. It matters where the child is registered. That many people don't live where they are registered is a fact of live that the court is well aware of.

4. Don't know, I would offer pay half now and half when done.

[RedCardinal]

Thanks Mario for your help.

[BkkLifeA]

I have 2 children born out of weblock but i and my wife married lateron.

So for thai law iam the legal father.

Now iam trying to get my 2 children a dutch passport, but the embassy requires me to show them a paper from the Amphur that iam the legal father.

(on the backside of the marriage certificate my 2 children are mentioned, as they belong to us.)

text: "prior to marriage registration, both parties have cohabited for 11 years and have 2 children together, namely: 1. Miss <firstname> <my lastname>, 2. Miss <firstname> <my lastname>"

This week i tried to get this "legal" document from the local amphur in Banglamung (Pattaya) but they have no idea what iam talking about....

(i had read all the 9 pages about this subject beforehand...) So in the end i suggested them that i should maybe go to the Family Court in Chonburi city. (they happy problem solved for them..)

At the Family Court they where nice too, but also had no idea what i wanted, and only suggested i use a lawyer.

Phoned a Lawyer in Chonburi and the first one directly quoted me 40K....

Anyone in Pattaya/Chonburi area knows a cheap lawyer.?

Or knows what type of name of the document i need...?

In Dutch its called Akte van Erkenning, i think in English its paternity affidavit, anyone knows a thai word...?

many thanks

Edited October 2, 2014 by BkkLifeA

[Mario2008]

I would ask the embassy what the name is that they want to see, as they have probably dealt with your situation before.

The court probably cannot help you, because you have legitimised the children already by marrying the mother.

If the court can help you and you need a lawyer, it should by no means be more than 10,000 baht for such an easy case. (5,000 would probably be more reasonable).

[battersea]

I have two children with my Thai wife and they were born here. I am listed as the Father on both birth certificates and they have my surname.

So am i right in assuming that i am legally the Father ?

What about parental rights ?

Given the rows with my wife..the marriage is on the rocks....do i need to apply for Parental Rights now or is it only something to consider in a divorce or custody battle ?

[Mario2008]

You have parental rights, together with your wife as you are the legal father. Both of you have currently equal rights.

In case of a divorce you would need to make arrangements about who gets the children and visitation rights for the other parent and if you can't decide together a judge will make a decision if requested. At that time you also make arrangements regarding child support.

Before a divorce a judge will not award sole parental rights besides exceptional circumstances, like the other parent being a clear danger to the child or not being able to take care of the child due to mental illness.

[battersea]

Thanks again Mario..helpful as always.

[brewsterbudgen]

My girlfriend is a citizen of Laos and I'm British. We both live in Thailand (I have worked here for 10 years on an Ext. of Stay). Our baby will be born next year, in Thailand. Marrying is difficult due to restrictive Lao laws. When the baby is born (in Thailand), will a Thai birth certificate be issued with me named as the father? Is there anything else I need to do, in order to be a legal parent? In time, I will want to get him/her British passport.