My Wife Is Drug Addict - Divorce With Child

[LarrySilverstein]

My wife and i have a 3 years old son together. Lately my wife gets more and more out of control.. drinking, drugs.. you name it.

I want to divorce as soon as possible but i dont want to leave my son with her.

I dont have an income in thailand and dont have the financial resources to fight for my kid in court.

Our son is born in thailand and we married in thailand 5 years go.

What are my options? My budget is pretty limited i want to get my son away from her as soon as possible.

Thanks in advance!

[gregb]

Let me be the first to say it, simply because it is true. If you are married, and you are listed on the birth certificate as the father, then you can simply take the kid and leave. Parental kidnapping is not a crime in Thailand. I don't recommend this, but if this isn't a windup and you are truly worried for your child's safety, then you can simply grab the kid and run away. Go wherever you want, reestablish yourself somewhere else, and don't communicate with your wife at all.

But make 100% certain you are really doing that for the child's sake and not for yours. There are very few circumstances where it is justifiable to deprive a child of his mother, legal or not.

You should move this to the family forum where there are many posters knowledgeable on family law. You don't say if your child has a Western passport. You should get this from your embassy first if you are planning on taking him and leaving the country.

Eventually, I think you will have to work this out with your wife. But if you need time to plan and get your ducks in a row, then running is an option. My only concern is that if you don't have 50,000 baht or so for legal fees in a divorce action, and no income in Thailand, I wonder how you are going to support the child if you decide to flee?

Keep in mind your wife can file for divorce in 3 years on the basis of abandonment, and at that time she can force you to appear with the child for a custody hearing. And the judge might not look too kindly on you at that point if you can not justify your actions.

Edited December 25, 2010 by gregb

[Mario2008]

Moved to family section.

1 post and a reply to it have been deleted.

[Mario2008]

If you can proof that your wife is a danger/not able take care of to the child you can get sole custody within a few days, without being divorced.

Income in Thailand is not necesarry, but you will need some income which can be from abroad.

A divorce wil only cost if the mother oposes it, if you can get her to agree you can divorce at the amphur for free.