Legal Guardianship For 1 Year Extension

[Satcommlee]

Dear Members,

I would be most grateful if someone with similar experience could offer some advice, I will try make this OP short.

• I have 8 month old child with Thai lady, we are not married.
• We are both very happy and living together in Thailand as a family, (hence: no quarrels or objections)
• I have a non-immigrant 'O' visa issued in Penang based on my name being on the birth certificate.

I recently went to immigration in Pattaya, to apply for the one year extension but 'as always' am missing some documentation, they gave me another 60 day extension to get things in order. They made it sound easy, apparently I have to pop up my girlfriends local Amphur office (Where my boy is named on the Tapien Bann) and do something??

The question is... What is this something I have to do?

There is very limited info online, even searching Thai Visa is inconclusive as it mainly talks about custody battles as opposed to the straight forward. but what I have found is on the Siam-legal website..

  Quote

• Thailand Child custody for an unmarried couple ...
  If the unmarried couple has a child born out of the marriage, the mother of the child only has the sole custody over the child. However, prior to considering whether the father should exercise the custody rights over the child, the child must be registered as a legitimate child of the father first. To legitimize a child, the father has to register a legimation of the child in Thailand with the local district office. If the mother and the child consent to such legitimation; then the registration allows the father to have the joint custody or sole custody over the child upon the agreement between the father and the mother of the child
  

Can anyone confirm what I need to do, to satisfy the Immigration with regards to being the legal guardian? I don't need know about the income requirements etc.. just this custody issue..

'Bar stool lawyers' tell of many things and stories of having to go to court etc.. Would be most grateful for an informed opinion of anyone experiencing same circumstances.

Regards

Lee

[Lite Beer]

This might help. http://www.thaivisa.com/forum/topic/381917-how-to-gain-parental-rights-as-a-father/

[Mario2008]

Since the child is only 8 months, you will either have to marry the mother to become the legal father or petition the court to be recognized as the legal father of the child.

[NancyL]

Is it possible for the three of you to go to the Amphur office and ask them?

That's what my husband and I did when we wanted to establish a simple Thai Will for our Thai assets. We'd heard so many conflicting stories, with many people recommending we see lawyers who wanted a small fortune when all we wanted to do was make sure a surviving spouse could easily obtain the funds in our Thai bank accounts. The people at the Amphur were most helpful and we don't speak much Thai. I brought my huge Thai-English and English-Thai dictionaries with me and we all pointed to different words because the vocabulary used in discussing a will isn't the sort of stuff taught in the first year of Thai language training. We were patient and didn't expect to walk out with a Will during our first visit. We just kept coming back every day during a slow time of day and eventually we got it all sorted out.

It might help if you and your girlfriend can bring a friend who "knows someone" at the Amphur office. Be sure to dress nicely, smile a lot and have the baby looking really cute!

[hgma]

Its a serious matter, so i am not joking around,

the truth of the matter is that Thai immigration like to see stamps, that is Thai stamps.

If all fails............. why not get a dna test on paper

Then go to a lawyer and draw up a declaration of fatherhood with the mother to sign of course.

After signing/ stamping and so forth you let your signature certified at your embassy (be sure to enclose something in the declaration of signing) then certify the embassy signature at Mofa Bangkok.

It sounds ridiculous but that's exactly how i legalized my own will (made up by myself)

"something to sign" [example

footnote

this genuine declaration is made up by me of full awareness and a clear mind as stated at ......(embassy....place...date.....)

signed

..............................

embassy

signed and stamped

Best of luck

hgma

  On 6/27/2011 at 1:36 AM, NancyL said:

Is it possible for the three of you to go to the Amphur office and ask them?

That's what my husband and I did when we wanted to establish a simple Thai Will for our Thai assets. We'd heard so many conflicting stories, with many people recommending we see lawyers who wanted a small fortune when all we wanted to do was make sure a surviving spouse could easily obtain the funds in our Thai bank accounts. The people at the Amphur were most helpful and we don't speak much Thai. I brought my huge Thai-English and English-Thai dictionaries with me and we all pointed to different words because the vocabulary used in discussing a will isn't the sort of stuff taught in the first year of Thai language training. We were patient and didn't expect to walk out with a Will during our first visit. We just kept coming back every day during a slow time of day and eventually we got it all sorted out.

It might help if you and your girlfriend can bring a friend who "knows someone" at the Amphur office. Be sure to dress nicely, smile a lot and have the baby looking really cute!

[Mario2008]

  On 6/27/2011 at 1:36 AM, NancyL said:

Is it possible for the three of you to go to the Amphur office and ask them?

That's what my husband and I did when we wanted to establish a simple Thai Will for our Thai assets. We'd heard so many conflicting stories, with many people recommending we see lawyers who wanted a small fortune when all we wanted to do was make sure a surviving spouse could easily obtain the funds in our Thai bank accounts. The people at the Amphur were most helpful and we don't speak much Thai. I brought my huge Thai-English and English-Thai dictionaries with me and we all pointed to different words because the vocabulary used in discussing a will isn't the sort of stuff taught in the first year of Thai language training. We were patient and didn't expect to walk out with a Will during our first visit. We just kept coming back every day during a slow time of day and eventually we got it all sorted out.

It might help if you and your girlfriend can bring a friend who "knows someone" at the Amphur office. Be sure to dress nicely, smile a lot and have the baby looking really cute!

Legitimization can only happen by way the law describes. Going to the amphur is indeed one, but the child must make a statement. While the law doesn't say how old the child must be, generally speaking they must be 7 years old for an amphur to accept it. Some cases are known where 3 to 4 year old was accepted (living in a small comunity where everyone knows each other has its perks), but an 8 month old you can forget.

[Mario2008]

  On 6/27/2011 at 2:04 AM, hgma said:

Its a serious matter, so i am not joking around,

the truth of the matter is that Thai immigration like to see stamps, that is Thai stamps.

If all fails............. why not get a dna test on paper

Then go to a lawyer and draw up a declaration of fatherhood with the mother to sign of course.

After signing/ stamping and so forth you let your signature certified at your embassy (be sure to enclose something in the declaration of signing) then certify the embassy signature at Mofa Bangkok.

It sounds ridiculous but that's exactly how i legalized my own will (made up by myself)

"something to sign" [example

footnote

this genuine declaration is made up by me of full awareness and a clear mind as stated at ......(embassy....place...date.....)

signed

..............................

embassy

signed and stamped

Best of luck

hgma

Legitimization can only be done in the way described by law. Immigration will not accept such document.

[phuketrichard]

Not sure if this helps BUT if ur American u can get the "report of Child abroad". Even if ur not married ( i did this to obtain my daughters us passport)

you need have someone swear that ur a legal couple and that u are indeed the father and then u get the paper which lists both parents.

When i used this method to get my extension twice (in Phuket) all they asked for as the BC and copy her thai passport. BTW my daughters last name is mine

With this u obtain ur us passport

I would advise u to get ur son your nationalities passport ASAP. You never know what will happen

[Superskunk]

As far as I know there is only one way: Central Juvenile and Family Court, Thanon Rachini, Bangkok 10200, Tel 222-0743 Fax 222-2853

I have to make the same soon, cause we also not married and my daughter is just 15 month old. At the Amphoe they also told us the child has to be 7 years old to "confirm".

It would be nice to change some expirences about the court with other people here...

[mussen]

Also see the link below

[Satcommlee]

Thanks everyone for your valuable input..