Custody Of Children

[TwoDogz]

A friend in a spot has questioned me about sole custody of his kids here in Los.

I have read a few stories, but never paid much attention to them and the full details.

He is not married and is on birth certificates etc and his partner is willing to give sole custody without any argument.

I was kind of under the impression that this could be done at the Amphur, but have also seen reference to only being granted at court, but this also stated that it was if the partners are unwilling to sign over without dispute etc.

Any advice welcome.

[TwoDogz]

Why move to marriage and divorce when not married and do not need divorce ?

[Mario2008]

They are not married, so the first question is if he went to court to legalize the child as his. I suspect notm, so right now he isn't the legal father.

To become the legal father he needs to petition the court to be recognised as the the legal father and at the same time can file for sole custody.

He can only become the legal father at the amphur if the child is about 7 years or older.

[TwoDogz]

They are not married, so the first question is if he went to court to legalize the child as his. I suspect notm, so right now he isn't the legal father.

To become the legal father he needs to petition the court to be recognised as the the legal father and at the same time can file for sole custody.

He can only become the legal father at the amphur if the child is about 7 years or older.

Thanks, he said he has been recognised as the father by court and at the Amphur.

What I think he, and I are confused about is the issue of sole custody and does it need to be obtained from a court, or can it be obtained from the Amphur also.

The Amphur is obviously the easier, quickest and cheapest option from my own experience.

But we are both not sure if the issue of no marriage effects this, sure for recognition of father, but how for sole custody when not contested by the mother and the kids are of age or close enough.

[Mario2008]

Better ask a lawyer, but believe for getting sole custody one has to go to the court. Believe you can only sign away custody rights at the amphur when getting a divorce. But not sure on this. For immigration purpusses this is recommended anyway.

[apiwan]

Better ask a lawyer, but believe for getting sole custody one has to go to the court. Believe you can only sign away custody rights at the amphur when getting a divorce. But not sure on this. For immigration purpusses this is recommended anyway.

be sure .....

just divorced my wife 6 months ago and attached to the certificate is an order

i got sole custody of kids , and you can also divide assets there at the ampur.

done in 20 mins. :-)

my ? is after been given sole custody over kids, now my ex is threatening to come back ( oh no) money must be close to finishing ?

she managed to find the school in BKK when we stayed together was in issan, havent registered the kids or me yet ( tabien bahn) must of contacted ministry of education ??

or old school, i told old school she gave up all rights.

kids are all happy staying with me and dont want her back,

does this mean she will have to go to court to overturn the sole custody or is it set in stone ?

she will need money for court . a fair bit.

all advice appreciated

[Mario2008]

Just like any other contract it is set in stone, but there can be reasons why it is not valid or should be changed.

What she certianly will not get is sole custody, at the most she is looking at a few days a week or month. If she really wants to change it and succeed, she will also have to pay half of the educational and medical cost of te children as well as child maintenance for the children (in the order of 3,000 to 6,000 per child a month). You can even threathen to sue her for that if she persists. Custody or not, she still is required to maintain her children.

If the children are a bit older they can also make their opinion of the situation clear.

[apiwan]

Thanks mario for the advice, at the moment I'm in my friends house here in BKK

Still unsure has what to do ?

Stay here move to UK or in and out every 2 months ?????

Lucky I have money saved the bitch didn't get

And have good flexible job in Uk

Kids are coming on in leaps and bounds in school and by staying with me

Shes only resurfacing because of money , of which she won't get

She said she found the school through immigration beurau

Of which I thought was confidential ??

I sent email to them , but no reply as yet

Even the kids 3,6 and 9 don't want her back

All happy with me , that sums it all up

[Mario2008]

If it is about money, as I said just tell her if she persists you will sue her for child maintenance.

And never forget to gather evidence. If you can show that she only wants access to the children for financial gains she will have no symphathy from the courts.

[krisb]

What would happen if the birth certificates has his name, then apply for a passport for kids at his countries embassy, then just take them back? That sounds to easy though.

[Mario2008]

What would happen if the birth certificates has his name, then apply for a passport for kids at his countries embassy, then just take them back? That sounds to easy though.

It will make a big difference if the parents are married or not and to get the passport which nationality we are talking about is important. Some countries only issue if both parents sign for the passport.

[apiwan]

What would happen if the birth certificates has his name, then apply for a passport for kids at his countries embassy, then just take them back? That sounds to easy though.

Yes sounds easy , in reality who's gonna look after kids when I work in UK ?

No family in london , seen a nanny site for 300 ++* a week but how good she is , erm

As for passports about to renew UK for 2 of them ,

Now British embassy Bangkok don't issue passports <deleted>

Have to go to Hong kong

Will post in here my experience

Thanks for posting

[TwoDogz]

After some thought re my friends request, I have been thinking and wondering if it is possible to gain sole custody of your children from your partner, not married, while still in a happy relationship ?

The reason would be to gain complete custody without issue if something untoward happened to the partner unexpectedly, for example car accident etc etc.

What would the possibility be of it and what would be the implications for her if any if it was possible. My missus would be willing to do this under stated reasoning, and without court appearance if it can be done at the Amphur, but not sure if there is any negatives involved here for either of us.

[Mario2008]

You would probably have to be the legal parent in the first place, or might not be awarded parental rights. With parental rights, you would gain sole custody automatically if the other parent dies or would become unfit to have custody over the child.

If not, the mother could make a will stating that she want's you to take care of the child in case something happens to her. That would weight heavily with a judge in deciding who should take care of the child. Even more so if the child itself expresses the same desire.

[TwoDogz]

You would probably have to be the legal parent in the first place, or might not be awarded parental rights. With parental rights, you would gain sole custody automatically if the other parent dies or would become unfit to have custody over the child.

If not, the mother could make a will stating that she want's you to take care of the child in case something happens to her. That would weight heavily with a judge in deciding who should take care of the child. Even more so if the child itself expresses the same desire.

See thats the thing, relying on a Thai judge to make his/her decision for me, not something I have great faith in by experience.

I have the legal parent thingy for both kids.

[Mario2008]

I have the legal parent thingy for both kids.

Then you will automatically have sole custody if something happens to the mother.

[TwoDogz]

I have the legal parent thingy for both kids.

Then you will automatically have sole custody if something happens to the mother.

Nice to know, was not sure re the not married issue.

[apiwan]

See thats the thing, relying on a Thai judge to make his/her decision for me, not something I have great faith in by experience.

I have the legal parent thingy for both kids.[/quote

Why, if you can prove your case and that the future of the child will be better with you than her

You'll win

If you lose faith, you've list the battle before you start

Not sure if your aware of the john terry racist case

That was an English judge

Best I've heard

" john terry to call all the people he hasn't racially abused "

Like a murderer saying " I want to call all the people u haven't murdered

[britinthai]

Thanks mario for the advice, at the moment I'm in my friends house here in BKK

Still unsure has what to do ?

Stay here move to UK or in and out every 2 months ?????

Lucky I have money saved the bitch didn't get

And have good flexible job in Uk

Kids are coming on in leaps and bounds in school and by staying with me

Shes only resurfacing because of money , of which she won't get

She said she found the school through immigration beurau

Of which I thought was confidential ??

I sent email to them , but no reply as yet

Even the kids 3,6 and 9 don't want her back

All happy with me , that sums it all up

Don't mess around return to the UK. I have been going through the courts for custody we are now in the 10th year and the Supreme court is about to decide, but I have no confidence with them making a decision that best for the child.

[apiwan]

Thanks mario for the advice, at the moment I'm in my friends house here in BKK

Still unsure has what to do ?

Stay here move to UK or in and out every 2 months ?????

Lucky I have money saved the bitch didn't get

And have good flexible job in Uk

Kids are coming on in leaps and bounds in school and by staying with me

Shes only resurfacing because of money , of which she won't get

She said she found the school through immigration beurau

Of which I thought was confidential ??

I sent email to them , but no reply as yet

Even the kids 3,6 and 9 don't want her back

All happy with me , that sums it all up

Don't mess around return to the UK. I have been going through the courts for custody we are now in the 10th year and the Supreme court is about to decide, but I have no confidence with them making a decision that best for the child.

Good luck with that mate,

Let us know the outcome

[apiwan]

Update ;;;;

Now ex wants to take ne to court for " custody of kids whike im away on work"

The reality is come back its easy money,

Me I'm going to sit tight and wait for her to go to court

This is how the this woman's brain works

Now I'm sure she's thinking if Court grants her this then I will be obliged to hand over money ( for three kids )

But from what I gather if thus was granted Ghent she would have to pay her end , wouldn't she ?

Would the court grant her this ??

What I do know is that in my full custody , that doesn't exactly mean they have to be with me .

Means I decide what's best fir them .doesn't it ???

Typing on this s3 gonna take a bit of getting used to. Sorry

Sent from my GT-I9305 using Thaivisa Connect App

[Mario2008]

If you have sole custody you would determine by yourself where the children live. But if you don't live with the cildren, it could be an argument for her to ask to change the custody arrangement. That the children are not with you while you work during the day is a normal situation.

Regardless of the custody matter, as the parent she has to pay her end of the maintenance cost. It is not related to her having visitation rights to the children. You can inform her that you will sue her for maintenance if she proceeds.

The maintenance is paid to the parent having the primary care of the children, which is you.

[Noodles]

They are not married, so the first question is if he went to court to legalize the child as his. I suspect notm, so right now he isn't the legal father.

To become the legal father he needs to petition the court to be recognised as the the legal father and at the same time can file for sole custody.

He can only become the legal father at the amphur if the child is about 7 years or older.

I am still married but have been seperated for nearly 2 years. My son has lived we me for 1 1/2 years. I would like

to be recognised as the the legal father. My name is on the birth certificate. He is 7 1/2 years old.

Can I go to my local amphur to do this. Will this entitle me to apply for a Non O visa, as I'm currently on toursit visas

as my wife will not supply me with her copy ID card.

Many thanks

[Mario2008]

If you are married to the mother you are the legal father and have legal custody over the child togehter with the mother by default. There is no need to go to the amphur.

Your visa situation will be a bit more problematic, but as a father of a Thai child you can at least get a non-O visa. Extensions of stay from immirgaiton might be more problematic, unless the child is living with you.

[Noodles]

If you are married to the mother you are the legal father and have legal custody over the child togehter with the mother by default. There is no need to go to the amphur.

Your visa situation will be a bit more problematic, but as a father of a Thai child you can at least get a non-O visa. Extensions of stay from immirgaiton might be more problematic, unless the child is living with you.

Ok Thanks, I was told I need to get DNA testing from me and my son and have this verified by the court for me to get a Non O visa??

Can you tell me what documents will be required to take to the Embassy in Laos to obtain a Non O single or multiple entry?

Yes my son has been living with me for the last 1 1/2 years. We are renting so our names are not on the ban book.

Once I have this done, I then plan to go for sole custody of my son. She has gon AWOL for 6+ months so divorce is prooving

very difficult.

[Mario2008]

You are the legal father, no DNA testing is required.

Based on having a Thai child you will probably only get a single non-O.

Required documents will probably be:

- marriage certificate

- birth certificate

- child's household registration

I suspect they will want to know why you don't apply based on marriage, so you will need to explain that and show that you are taking care of the child. I suspect they same at immigration.

If she left you, you can file for divorce for reason of abandonment and go for the custody of the child based on that.

Getting sole custody will be difficult and at least a longer process as effords must be made to locate her. Normally you will not get sole custody, unless the mother is uncapable or a danger to the child. An experienced lawyer should be able to tell you what your changes are based on the mother having disappeared.

[Noodles]

You are the legal father, no DNA testing is required.

Based on having a Thai child you will probably only get a single non-O.

Required documents will probably be:

- marriage certificate

- birth certificate

- child's household registration

I suspect they will want to know why you don't apply based on marriage, so you will need to explain that and show that you are taking care of the child. I suspect they same at immigration.

If she left you, you can file for divorce for reason of abandonment and go for the custody of the child based on that.

Getting sole custody will be difficult and at least a longer process as effords must be made to locate her. Normally you will not get sole custody, unless the mother is uncapable or a danger to the child. An experienced lawyer should be able to tell you what your changes are based on the mother having disappeared.

Ok Thanks Mario.

I left her, and took my son out of un-safe environment. She has been in and out of jail. But the sentence was not the 1 year

required for grounds for divorce.

I'm curious as to why, single fathers taking care of their children can not get multiple entry visas? Leaving the

country every 90 days to get a new one is hard work?

Thanks

[Mario2008]

It is just policy here in the area, in Australia it would be no problem to get a multiple non-O.

The expectation is that you apply for an extension of stay, for which you have to have an income of 40,000 baht (can be from abroad) or 400,000 in a bank in Thailand.

[SuperScouse]

Mario 2008 - thanks for your insightful views on a number of topics - I've been (passively) reading ThaiVisa for a number of years, but this is the first time I've actually posted a comment.

Custody of children is a very sensitive topic - I recently returned to UK after a protracted divorce, from a Thai woman who was both mentally and physically abusive to my child (and I must be quick to add that I am not a 'Thai-basher', I still have some good friends in Thailand, and obviously some woman can be very cruel, regardless of nationality). For anyone in a situation where they feel that divorce and seeking custody of their child is the only option, I can say that the Thai Family Courts are, in my own experience, very professional and only act in the best interests of the child.

If anyone feels that they must take their child back to their home country, then it is ESSENTIAL to obtain 100% Parental Power regarding educational decisions. Obviously, a good (and, therefore, expensive!) lawyer is necessary to facilitate this.

[apiwan]

Erm .now after 9 months divorced I want to put the kids on My tabien bahn but after going to office they said that I need ex wife to sign and release them from old house.

No matter how much I persisted they won't budge.

So now I don't know what to Do ?

She has now sent a copy of letter from her lawyer.saying

""​May I refer to the divorce certificate between you and Mrs.XXXX which registered at NongKhai Province in March, 2012, although it mentioned that you are the sole guardian of Master  XXX Master XXX and Miss XXX, it has also mentioned that Mrs.XXX has the right to contact  these three children as well. The right of seeing the children also stipulated in Thai Family Law, section 1584/1. ​Perhaps, you are not aware that by not allowing her to see these three children, it has caused side effects to their well being as well as their record in education, which dramatically going down. Kindly note that you are under obligation to allow her to see her kids without any hindrance or cause any difficulty,  and you are depriving the right of children to see their mother as well. ​Mrs. XXX shall be most grateful in her life if you could disclose the place where the children are living and allow her to see them, this would keep everybody happy and avoid any legal complication. ​I hope you will look for these reasons beyond your personal feeling and for the best interest of your children, and for their bright future, please allow her to see her kids ​Please be informed accordingly""

Thanks in advance

Sent from my GT-I9305 using Thaivisa Connect App