What Rights Do I Have For My Child

[482182]

what rights do i have for my child if im not married whit the mother of my child but the child is on my name ?

[MikeyIdea]

I suppose that you mean that child has your surname and that you are registered as father on the birth certificate. That is a good start

But - Name means nothing so you currently have no rights, as you are not legally married to the mother. The mother has sole custody, you do not have custody. You also have no legal obligations to the child

You ask - What rights do I have? Well, Thai law doesn't descriminate against fathers or westerners so once you are confirmed to be father, then you have the same rights as the mother does. The only difference between Thailand and western countries is that your fathership has to be confirmed before you get your rights in Thailand. The law is deliberately written that way to protect the child and I don't necessarily think that is wrong.

Legitimize your child (confirmed to be the father) is more or less a formality (if it is not contested). You can do this in a couple of different ways

- Marry the mother at any time and you get legitimized and get shared custody

- If the child is approx 7 years old: Request a bai rapp long bott (certificate of fathership) at amphur. All THREE parties must agree, child, mother and father. Unusual for this to happen before child is 6-7 years old as child must agree. One day and a few hundred bath

- Juvenile court if child is less than 7 years old: If the mother does not contest - Legitimization and custody is granted at the same time if mother does not contest. More or less a formality. No expensive hotshot lawyer needed. Takes 3 - 4 months or so

If mother contests (assuming that you have split up with the mother so court must also decide with who the child should stay with etc) : Mother can contest of course and if she does, then what happens in Thailand is basically the same or better than in most European countries. The court will take a decision in the best interest of the child always (not necessarilly in the best interest of the parent). If you can prove that you have been a good father then you will of course get custody and decent possession of the child.

How old is the child?

Edited January 5, 2011 by MikeyIdea

[MikeyIdea]

Double post

Edited January 5, 2011 by MikeyIdea

[482182]

2 days and im not think in a bad way lol i just want to know how it is i love my baby more then anything and my girlfriend to they are the best thing ever happen to me

im 24 she is 24 and i love all here family and they love me and dont get me wrong here family is the rich part so the love me and accept me how i am and we get full support from every one i just real wanted to know whats the deal

whit my baby

thank you for your replay

it answers all the things i wanted to know

[482182]

sorry about that

Double post

[Mario2008]

Congratulations with your child.

Also consider the legalistion of the child under your own law, this will not be valid in Thailand, but as the child wasn't legitimized before or at birth, you migth need to do it according to the laws of your own country also for teh child to have your nationality etc. Check with your embassy.

[MikeyIdea]

2 days and im not think in a bad way lol i just want to know how it is i love my baby more then anything and my girlfriend to they are the best thing ever happen to me

im 24 she is 24 and i love all here family and they love me and dont get me wrong here family is the rich part so the love me and accept me how i am and we get full support from every one i just real wanted to know whats the deal

whit my baby

thank you for your replay

it answers all the things i wanted to know

Congratulations Proud Daddy

Make sure that your name is spelled exactly as it is on your passport on the childs birth certificate, difficult to change

Legitimization and shared custody is standard, not difficult at all, let the wife call around (when she has recovered from the delivery), no need for lawyer with good English, make sure that he understands that you want both legitimization and shared custody

The word Thais use to describe person with custody is "poo bock krong" (actually means guardian), that's what you want to be

Good Luck