Advice On Fathers Rights For New Born Child

[Clip_My_Wings]

Hi Everyone,

I recently attended the marriage of a friend of mines nephew. It was rushed marriage as his "intended" was seven months pregnant with there child. There was problems leading up to the marriage as much discussion was over the amount

of the dowry and in all honesty the mother of the bride seemed very dissatisfied with her daughters future husband. I know the boy well and his heart is a big as the sky, but i think the mother had dreams of her daughter marrying someone much richer, viewing her daughter as a cash cow, further evidenced in the fact she "stole" all the money offered at the wedding ceremony. Money kindly given in my opinion for there future and there unborn baby.

to cut a long story short, the couple have now seperated after only a few months of marriage and the new born baby's father has been forced to move out and headed to bangkok (they lived in north thailand) his wife is asking for a divorce (pressurized by the cantanciourous old witch no doubt" I believe that the wedding could of been a sham just to make some money, my friend is seething as she gave a considerable gift and has bought several gifts for her nephews son.

now my question is what legal rights does the father have and also his family ? how do you think they should proceed? I have suggested to my firend that she tries to open dialogue and get visiting rights, maybe through an elder or chief of the village as mediator.

She can afford a laywer and also knows some very influential people in the region so if it came to matter of law I believe she could actually get granted gaurdianship.

however the most important factor here is the newly born child who unknowingly to him is the victim of all this. I do know that it will break the hearts of many family members if they can not see the baby of have any contact.

any advice is appreciated, particularly from thai member on the board .. they are both thai nationalsby the way

thanks

[uncle paul]

International Parental Child Abduction. Under Thai law, the question of child custody is addressed in Book Five of the Thai Civil and Commercial Code under the general headings Termination of Marriage and Rights and Duties of Parent and Child. The relevant portions of the law follow in full: Section 1520. In case of divorce by mutual consent, the agreement for the exercise of parental power over each of the children shall be made in writing. In the absence of such agreement or (if) an agreement thereon cannot be reached, the matter shall be decided by the court. In case of divorce by judgment of the court, the parental power belongs to the party in whose favor the judgment is given, unless it is decided by the court that the parental power shall belong to the other party, or that a third person shall be the guardian. Section 1521. If it appears that the guardian as provided in Section 1520 behaves himself or herself improperly or there is a change of circumstances after the appointment, the court has the power, after taking into consideration the happiness and interest of the child, to give an order appointing a new guardian.

[Clip_My_Wings]

International Parental Child Abduction. Under Thai law, the question of child custody is addressed in Book Five of the Thai Civil and Commercial Code under the general headings Termination of Marriage and Rights and Duties of Parent and Child. The relevant portions of the law follow in full: Section 1520. In case of divorce by mutual consent, the agreement for the exercise of parental power over each of the children shall be made in writing. In the absence of such agreement or (if) an agreement thereon cannot be reached, the matter shall be decided by the court. In case of divorce by judgment of the court, the parental power belongs to the party in whose favor the judgment is given, unless it is decided by the court that the parental power shall belong to the other party, or that a third person shall be the guardian. Section 1521. If it appears that the guardian as provided in Section 1520 behaves himself or herself improperly or there is a change of circumstances after the appointment, the court has the power, after taking into consideration the happiness and interest of the child, to give an order appointing a new guardian.

<{POST_SNAPBACK}>

thanks uncle paul ...

but what about the interim period before a divorce is granted? Can the father/family be granted visiting rights by the court until custody is resolved ?

[uncle paul]

International Parental Child Abduction. Under Thai law, the question of child custody is addressed in Book Five of the Thai Civil and Commercial Code under the general headings Termination of Marriage and Rights and Duties of Parent and Child. The relevant portions of the law follow in full: Section 1520. In case of divorce by mutual consent, the agreement for the exercise of parental power over each of the children shall be made in writing. In the absence of such agreement or (if) an agreement thereon cannot be reached, the matter shall be decided by the court. In case of divorce by judgment of the court, the parental power belongs to the party in whose favor the judgment is given, unless it is decided by the court that the parental power shall belong to the other party, or that a third person shall be the guardian. Section 1521. If it appears that the guardian as provided in Section 1520 behaves himself or herself improperly or there is a change of circumstances after the appointment, the court has the power, after taking into consideration the happiness and interest of the child, to give an order appointing a new guardian.

<{POST_SNAPBACK}>

thanks uncle paul ...

but what about the interim period before a divorce is granted? Can the father/family be granted visiting rights by the court until custody is resolved ?

<{POST_SNAPBACK}>

that you wont know until the family refuse rights or you go to court best you find yourself a lawyer

Edited August 2, 2005 by uncle paul

[samran]

get a very good lawyer and the family will probably cr@p their pants....

[Dragonman]

Hi Everyone,

I recently attended the marriage of a friend of mines nephew.  It was rushed marriage as his "intended" was seven months pregnant with there child.  There was problems leading up to the marriage as much discussion was over the amount

of the dowry and in all honesty the mother of the bride seemed very dissatisfied with her daughters future husband.  I know the boy well and his heart is a big as the sky, but i think the mother had dreams of her daughter marrying someone much richer, viewing her daughter as a cash cow, further evidenced in the fact she "stole" all the money offered at the wedding ceremony.  Money kindly given in my opinion for there future and there unborn baby.

to cut a long story short, the couple have now seperated after only a few months of marriage and the new born baby's father has been forced to move out and headed to bangkok (they lived in north thailand) his wife is asking for a divorce (pressurized by the cantanciourous old witch no doubt" I believe that the wedding could of been a sham just to make some money,  my friend is seething as she gave a considerable gift and has bought several gifts for her nephews son.

now my question is what legal rights does the father have and also his family ?  how do you think they should proceed?  I have suggested to my firend that she tries to open dialogue and get visiting rights, maybe through an elder or chief of the village as mediator.

She can afford a laywer and also knows some very influential people in the region so if it came to matter of law I believe she could actually get granted gaurdianship.

however the most important factor here is the newly born child who unknowingly to him is the victim of all this.  I do know that it will break the hearts of many family members if they can not see the baby of have any contact.

any advice is appreciated, particularly from thai member on the board ..  they are both thai nationalsby the way

thanks

<{POST_SNAPBACK}>

Before talking about any legal action why doesn't the guy in question just discuss with his wife the divorce, say he will agree to the uncontested divorce, agree a monthly payment for alimony in respect of the child, attached to an agreed schedule of visitation rights.

If the divorce is contested they will both have to pay large amounts to a lawyer, better he keep the money to pay into a fund for his child to receive when he gets older. Try and forget the bitterness and advise him to try and resolve the matter out of Court. This is much easier in Thailand than in the UK or USA as alimony and any pay off money to the wife (or wife's mother) will likely be less than the lawyers fees.