American man recently divorced Thai wife. They have a child together, American has custody, and wants to raise the child in Thailand. Is there a specific visa the American can pursue based on these circumstances?

Edited December 7, 201015 yr by mandmsworld

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.

(1) The alien has obtained a temporary visa (NON-IM)

(2) Proof of family relationship

(3) In the case of a spouse, the marital relationship shall be dejure (legitimate) and de facto;

(4) In the case of a child, adopted child or child of his/her spouse, the said person must not be married, must be living with the family, and must be less than 20 years of age; or

(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.

Edited December 7, 201015 yr by PoorSucker

You say the father has custody. Is that court ordered custody as part of the divorce, complete with documentation?

The visa is a non immigrant O.

its easy to do and get,

Bangkok for awhile was not asking for money in bank but when i went this route once here in Phuket they wnated to see 500,000 in bank .

You first get a non immigrant "o" outside the country and then get a 1 year extension in country.

I had her BC, and thai passport. I have legal custody from the court but they never asked for that.

Be advised that if u apply for your childs thai passport both parents need be there, ( or a notorzied note from the one not present) till she is over 16 or u need the paper from the court saying u have sole custody..

Edited December 8, 201015 yr by phuketrichard

For several years prior to Police Order 777/2551 there was a no requirement for financial conditions for parents but that changed.

The financial amount currently should be 400k for dependent Thai child as per post 2 if stay is for them as dependent. If the extension of stay is to take care of student the requirement is 500k per below (normally this is for a foreign citizen child):

(1) The alien has obtained a temporary visa (NON-IM);

(2) Proof of family relationship; and (3) In the case of spouse, the

marital relationship shall be de jure (legitimate) and de facto; or

(4) In the case of a child, adopted child or child of his/her spouse,

the said person must not be married, must be living with the

applicant, and must be less than 20 years of age; or

(5) In the case of parents, there must be an account deposit with a

local bank made in the name of father or mother of not less than

Baht 500,000 as shown in bank account transactions for the past 3

months. For the first year, it should have that said amount in the

bank account for not less than 30 days at the submitted date of the

application.