Child Custody

[Isaandon]

Hello,

I recently re-located to Thailand on a 1 year "type O non-immigrant visa" to be with my wife (Married for 18 months) and my Daughter how will be 1 year old on Oct. 21st. I am on Permanent Social Security Disability in the U.S. and planed to live in Thailand and visit the states periodical so my Mother and family can be part of my daughters life when she is old enough to make the long journey. My wife has a small apt in Samutprakarn near seagate electronics where she worked for 9 years prior to meeting her. After the baby was born Oct 21st 2010 I went to the American embassy and applied and was granted a passport and S.S.# for my daughter. I then went back to the states and filled for my daughters benefits from S.S. which she was awarded $571.00 U.S. every month.

I have always sent or handed my daughters benefits plus money for my wife to pay for her (my wife) housing and living expense. We agreed to move away from the toxic environment in Samuprakarn. I am now living in Khon Kaen. As soon as I put a deposit on a nice house near the lake for us all to live in (daughter, wife, grandmother and myself) my wife said she needed to take her mom back to Samutprakarn and pay the mortgage and other bills. She is now in Suphanburi with her family and refuses to let me see my daughter and wants a divorce. I think it was per-meditated. I just want to see my daughter on a regular basis...2-4 times a month. I would like the visits to be at my house as my wife now lives in a small village with NO accommodations.

Sorry for the long drawn out email but I wanted you to have some background info.

Thank you,

Isaandon

[beano2274]

So what are your questions?

How can you get SS for your daughter who was not in the US? (I know the UK does not pay anything like that to people in Thailand).

Edited October 20, 2011 by beano2274

[beano2274]

sorry read again, seems she was born in the US.

But do payments stop now that she is no longer in the US?

Anyhow since you are married and hopefully on the Birth certificate there should be no problems, however you must both decide on a place to meet so that you can have your time with your child.

Edited October 20, 2011 by beano2274

[Isaandon]

How do I go about getting visitation rights enforced in Thailand?

I am a disabled U.S. citizen living abroad and so is my daughter (also born abroad). S.S. knows this and directly deposits our benefits to my bank acct. monthly.

Thank you in advance for any help/advice you can give me.

Issandon

So what are your questions?

How can you get SS for your daughter who was not in the US? (I know the UK does not pay anything like that to people in Thailand).

[Isaandon]

Sorry for the confusion. She was born in Thailand. My wife is not going to agree to meet me. She will need to be directed by Thai courts or something to establish my visitation rights. I am going to miss my daughters first b-day tomorrow. I do not want this to happen again in the future. It is very difficult suddenly having your daughter taken away and told "you will never see her again"!

TY

[Isaandon]

She will a continue receiving benefits until she is 18 years old or 21 years old if she is attending school

[beano2274]

She will a continue receiving benefits until she is 18 years old or 21 years old if she is attending school

As long as your situation does not change i would think.

The Thai courts will need to get involved seems this is gonna be a divorce, check on here there are plenty of

good lawyers around, everyone seems to favour "Issan lawyers".

Good luck.

[Mario2008]

Currently you are marreid and you have the same rights as the mother. Only the mother can keep the child away from you and doesn't have to hand over the child to you, as she has egal rights as you. But from anybody else you can just take the child away, that includes the grandparents etc. , as you are the parent and have parental rights and as far as the law is concenred they are nothing. So if you see the mother with the child, you can't demand her to hand over the child if you see the grandmother with the child, you can simply take the child away from her.

With a divorce also the custody over the children will be settled. A Thai court will always grant both parents custody, with one having prime custody and the oher parent having rights on for example to have the children a few days a week or per two weeks. Sole custody will only be given if the other parent is a danger to the child. A Thai court is not biased against the mother and will make a ruling based on what they see as in the best intrest of the child.

The best thing to do is to get competent legal advice. I would recoomend contacting Isaan Lawyers, who have a good reputation regarding family law and can give you expert advise. In the mean time, gahter as much evidence as you can and log everything showing you are a caring fahter, who pays bills for the child etc and all what the mother does, in essence preventing you from seeing the child.

[Isaandon]

Hi Mario,

Thank you for the info. I will contact Isaan Lawyers as this will probably get sticky.

Best Regards,

Don

Currently you are marreid and you have the same rights as the mother. Only the mother can keep the child away from you and doesn't have to hand over the child to you, as she has egal rights as you. But from anybody else you can just take the child away, that includes the grandparents etc. , as you are the parent and have parental rights and as far as the law is concenred they are nothing. So if you see the mother with the child, you can't demand her to hand over the child if you see the grandmother with the child, you can simply take the child away from her.

With a divorce also the custody over the children will be settled. A Thai court will always grant both parents custody, with one having prime custody and the oher parent having rights on for example to have the children a few days a week or per two weeks. Sole custody will only be given if the other parent is a danger to the child. A Thai court is not biased against the mother and will make a ruling based on what they see as in the best intrest of the child.

The best thing to do is to get competent legal advice. I would recoomend contacting Isaan Lawyers, who have a good reputation regarding family law and can give you expert advise. In the mean time, gahter as much evidence as you can and log everything showing you are a caring fahter, who pays bills for the child etc and all what the mother does, in essence preventing you from seeing the child.