Confused Father

[Stanos]

I have 2 children in Thailand one has an overseas passport and one has yet to aquire one. I believe my wife is planning to leave when I go away next time so I was concidering sending the child with the passpoet home. My questions are can I take the child out of the country without problems and when I come back what are my rights as to the other child??

[MikeyIdea]

You don't provide enough information.

Are you married to the mother or not? Meaning do you have custody? In Thailand of course. Do you have the mothers consent? If you don't then the mother can easily make it into a criminal offence for kidnapping if you take a child out of Thailand without her consent, according to Thai law. If she does. then you could be picked up at the airport next time you come back. Thailand is not a back street country with no computers any longer, OK? If you're married abroad, then it gets a bit more complicated, If the mother gets a lawyer and sues, then you must respond, if you're abroad then you'll get another 6 months but if you don't turn up to defend why you don't allow the child her right to see her mother etc, then you'll eventually loose custody. You will be in a bad position to get decent possession of the child in a separation if you take the child abroad without mothers consent of course

Please provide more info and I'll be happy to answer more detailed

My advice - Don't do anything that would reduce your chances of getting decent possession of the child

Good Luck

[Stanos]

You don't provide enough information.

Are you married to the mother or not? Meaning do you have custody? In Thailand of course. Do you have the mothers consent? If you don't then the mother can easily make it into a criminal offence for kidnapping if you take a child out of Thailand without her consent, according to Thai law. If she does. then you could be picked up at the airport next time you come back. Thailand is not a back street country with no computers any longer, OK? If you're married abroad, then it gets a bit more complicated, If the mother gets a lawyer and sues, then you must respond, if you're abroad then you'll get another 6 months but if you don't turn up to defend why you don't allow the child her right to see her mother etc, then you'll eventually loose custody. You will be in a bad position to get decent possession of the child in a separation if you take the child abroad without mothers consent of course

Please provide more info and I'll be happy to answer more detailed

My advice - Don't do anything that would reduce your chances of getting decent possession of the child

Good Luck

[Stanos]

Thanks for the info. I am in fact married. We are still in the same house but not for long I would guess. She has said I can take the young girl but she wants the boy. Should I get something in writing from her?

[Mario2008]

If you divorce at the amphur you can enter any agreement you come to into the register, including about the children. It is at this stage you should make the legal provisions, together with a competent lawyer, to avoid problems in the future.

If you cannot come to an agreement about the settlement of the divorce, you will have to go to court. A court will be very reluctant to split children up, as that in general is deemed not to be in the best interest of the children.

Settling the case with your wife is in the best interest of your children. Consider saving the marriage first and maybe counseling, if that doesn't work or is not an option try and settle the matter so you can divorce at the amphur. Not only is that much easier, but also will keep you in a better relationship with the mother. That is important for the children, who do want to see both parents and their brother/sister.

[MikeyIdea]

Good

If you are married and split up, then you must divorce. There was a thread here a while back from one who didn't legally divorce, don't do that mistake. I am of course talking about married in Thailand and legally registering the marriage at the amphur. And custody in Thailand etc.

If you don't formally divorce, then you are according to law still responsibile for current and any future debt that your wife decide to get... Bad Idea. And you will be legal father of any children she will have in the future (also children she has with someone else), that means they inherit you etc. I am not saying that this is going to happen, what I am saying is that it can happen, if it does then your only choice is to go to court. Fix divorce legally including custody now better

If you divorce at the amphur, then conditions for the children must be filled in at the back. Juvenile court dislike splitting children up, I dislike it too but sometimes it is necessary. As if you want to live and raise the child in America and the mother wants to live here. Not splitting the kids up could easily cost so much extra in travelling that it affects education for both kids. Is that better?

If you are satisfied with you get he daughter, she gets the boy, then perhaps you should become sole guardian of the girl (can get passport without mothers signature etc). If mother accept you as sole guardian of daughter, then you do the same for the boy, do you?

Money is a very good negotiation tool. Note that child alimony is very low in Thailand and that there is no alimony for ex-wives. Before marriage is not split, whatever was bought during marriage is split 50/50, assets as well as debt, easy in Thailand. Wife alimony: NO wife alimony exist according to Thai law. Child alimony - you are talking about 3,100 to 5000 bath per child and month depending on age, parents share education and health costs equally. That's where negotiation starts, anything above that can be used to give better / more possession in return or whatever is desired.

Conditions are filled in at the back of the divorce agreement. It's very possible to specify who gets to be guardian of each child, who renounce guardianship too, child alimony can be specified or "No child alimony" can also be specified. Possession of the child (who stays with who etc) is important to specify. Discuss with the mother and come to an agreement, that is always best for the child. The child has a right to see both parents after a divorce, easier if parents are on talking terms

Good Luck

Edited January 10, 2011 by MikeyIdea

[Stanos]

Thanks very much for your help guys we are heading to the ampher now. I have also spoken with my lawyer. Thanks again