Single Parent Visa

[Lostinlandofsmiles]

I am a single parent and have sole custody of my child, my child has both British and Thai Passport. My visa is due to expire at the end of the month and I don’t really want us to both fly back to the UK in December just for me to get a new visa. Is there any other visa equivalent to a none immigrant O or B that can be obtained in Thailand due to these circumstances?

[Mario2008]

Based on your Thai child you can get a 1 year extension of stay if you meet the income requirements:

400,000 in a bank account in Thailand for at least 2 months

OR

having an income of 40,0000 a month (can be from abroad).

If not, the nearest option for a multiple non-O would be Australia.

[Lite Beer]

From Police Order 777/2551.

2.18 In the case of a family

member of a Thai(applicable only to parents, spouse, child, adopted child or child

of his/her spouse):

Permission will be

granted for a period of

not more than 1 year at a time.

(5) In the case of a parent, one of parents must have an average annual income of not less than 40,000 baht per month or a money deposit of not less than 400,000 baht for expenses within a year.

[Lostinlandofsmiles]

Proving my income is not a problem but I am led believe that the custody agreement that my ex girlfriend and had drawn up by a lawyer needs to be signed by a court is this true?

The agreement is amicable and she gets a monthly allowance, and I am getting quotes of up to 50,000 baht for it to go to court when clearly there is no need as there is an agreement

Thanks for your help

[Mario2008]

Since you where not married, it seems you are not the father of the child and will have to go to court to get legalized as the father and receive sole custody.

At this moment you are the care taker of the child, but as far as the law is concerned you are not the father and cannot get an extension of stay for 1 year. If named on the birth certificate as the father you could get a 60 day extension.

The price does seem high, especially if the mother doesn't contest it shouldn't be that difficult. And consider that a plane ticket will also be costly.

[lopburi3]

You can get quotes all over the place but it is a simple process that any Thai law office should be able to do at a minimum price.

[Lostinlandofsmiles]

My name is on both the Thai and British Birth certificates..

m

Since you where not married, it seems you are not the father of the child and will have to go to court to get legalized as the father and receive sole custody.

At this moment you are the care taker of the child, but as far as the law is concerned you are not the father and cannot get an extension of stay for 1 year. If named on the birth certificate as the father you could get a 60 day extension.

The price does seem high, especially if the mother doesn't contest it shouldn't be that difficult. And consider that a plane ticket will also be costly.

[CWMcMurray]

Also even if it did cost 50k it may still be worth it....

If my understanding is correct, since you were never married and only girlfriend / boyfriend, that you may not officially be the father. Although if your child has UK citizen ship and a UK passport, one would presume that you may have gone through the process of getting yourself legally declared as the father.

If not, then it would be really really important for you to go through the courts to get official sole custody, otherwise on any given day your ex could change her mind and come pick up your child and you would have no legal standing.

If you are legally the father, I would also recomend getting the situation legalized through the courts now while your wife seems to be ok with you having full custody. If she changed her mind in the future, she could easily take things to the court and fight you for custody regardless of the signed agreement that you have in your hands.

If you get custody settled now and are given sole custody in the courts there is really almost no chance what so ever she could come back later and take your child from you.

That being said, what is the cost of 2 round trip plane tickets to UK ever year.... I am guessing by year number two it would have been cheaper to go through the courts to get sole custody and then do yearly extensions her in Thailand.

Also could you even legally take your child overseas with you, I think I remember some one mentioning that you would need a letter from the mother giving permission.... that is unless you have docs from the courts showing that you have been awarded sole custody...

[Mario2008]

By being named on the Britsh Birth certificate and applying for a passport you probably have legitimized the child under British law. However, I presume the child was born in Thailand and that being so should be legitimized under Thai law, for which being named on the birth certificate is not enough. Thai law simply doesn't recognizes the legitimization under British law.

The opinion that a child is being legitimized by being registered by the father and the father named on the birth certificate is unfortunately based on an incorrect interpretation of the law. The odd amphur will register a person as the father when he shows up together with the mother, but according to the law the child must give consent also and a baby cannot consent.

See:

for the correct procedure on how to legitimise a child when not married.