Taking 100% Care Of Child, Have Custody.

[Bung]

Sounds straight forward but what are the implications?

I was granted custody of my son in the divorce at the Amphur, "whom is under the sole custody of the male party" written on the divorce papers.

I am now able to fully take care of my son (11 y/o) here and would like to do so. I wasn't able to before due to work commitments, now I am retired.

I have been trying to share the living arrangements with regards to my son with my ex wife about 70 (me) 30 her.

The situation is now intolerable and I have been threatened if I take my son 100% (the cash cow leaves). I honestly believe my ex wife is mentally unstable and will resort to violence once this money stream ends, I have to have her out of my life completely.

I agreed to pay her 10,000 B a month to take care of her needs at the divorce and am willing to keep doing that. I also pay alimony for my sons needs which she also spends on herself leaving me to pay for all of my sons expenses on top of that.

Is it a simple matter of collecting my son and keep him with me? What rights does she have? Can she forcibly come to my house and take him away from me?

She will certainly make a problem for me over this.

Do I need any legal help? If anyone can recommend a competent lawyer who can help I would appreciate a pm.

I would like to get an idea of what my rights are so I can face the challenges ahead, thanks in advance.

[Mario2008]

"whom is under the sle custody of the male party" means that the court has awarded you sole custody and you do not share it with the mother. That should also ben recodered at the amphur, for which you can get a form stating you have sole custody. (You need that if you want to apply for a Thai passport for your child).

Having sole custody means that you alone among other things decide where the child lives and can change the place where the child lives. You can indeed just take the child away and she has no right to take the child without your approval. That would be a criminal offence. If she wants to change the made arrangements, she will need to go to court.

Child support is only for the child, normally a judge doesn;t award more then 3,000 to 6,000 a month, with both parents sharing the cost of education and health care. Alimony is not awarded by a Thai court. I suspect this is an informal rrangement between you nd your wife, or did you agree to it in the terms of the divorce settlement? Than you cannot change it.

[Bung]

Thanks Mario,

yes, I agreed to it in the terms of the divorce settlement. I wanted custody and when she saw the monthly Baht on offer she agreed of course.

It was stated that I agree to pay her 10,000 B a month until he is 18 for her needs only and another sum for the needs of the child. She wants the whole lot for herself and never pays anything for him, it is a constant battle about that.

When I take my son full time I don't see why I would have to pay her the alimony that is for my sons needs, only her 10,000 which I am ok with.

Am I liable to pay the full amount of alimony? Is this enforceable?

[Mario2008]

Childsupport is to support the child, not the mother. It is a right of the child. If the child lives with you you don't pay child support to the mother, I can't see a judge agreeing to that and she will not make a very good impression with a judge. If the mother persists, you can ask her to pay half of educational and healthcare cost of your child.

(Certain items, such as land etc, are even under the protection of the court. One can donate land to a child, but then it is the property of the child. For selling it or establishing usefruct etc while a child is a minor the parents would need prior permission from a judge.)

[TwoDogz]

You said you got sole custody at the Amphur, not at the court...is this correct?

I ask because all my enquiries I have been told it has to be via the court, even though it would be an amiable agreement to sole custody by the mother, that it could not be done just at an Amphur.

[Bung]

You said you got sole custody at the Amphur, not at the court...is this correct?

I ask because all my enquiries I have been told it has to be via the court, even though it would be an amiable agreement to sole custody by the mother, that it could not be done just at an Amphur.

OK, I would love to know if that is the case! Custody granted through an amicable agreement when divorcing at the Amphur and recorded on the divorce papers is not enforceable?

Would I now need to get the family court to acknowledge it?

[TwoDogz]

You said you got sole custody at the Amphur, not at the court...is this correct?

I ask because all my enquiries I have been told it has to be via the court, even though it would be an amiable agreement to sole custody by the mother, that it could not be done just at an Amphur.

OK, I would love to know if that is the case! Custody granted through an amicable agreement when divorcing at the Amphur and recorded on the divorce papers is not enforceable?

Would I now need to get the family court to acknowledge it?

Dont jump the gun, my info could be wrong, I am hoping yours is right.

[Mario2008]

Made at the amphur it is a legal contract and can be enforced. But the wording is important and can make a lot of difference. Also a stated division between the parents on how much time the child spends with each parent can not by changed, even if you have sole custody. You cna only change that by mutual consent or by court decision.

Just first go to the amphur and ask them to check if you have sole custody. If you have, it will be recoded at the amphur. The por kor 14 docuent sshould reflect this (it is needed when aplying for a Thai apssport as single parent to show one has sole custody)

In the meantime, keep receipts for all things you pay for your child, to show the mother is not paying it from her childsupport money.

[Bung]

Thanks Mario, I have been keeping all the bills and printed accounts etc.

[apiwan]

Ok. Just went to apply at new school and told them I don't want their mother coming in the school to see them.

Although the new school said they will help with this.she pointed out that on the divorce cert it states

Mom can see kids anytime !!!

I said this is not criminal nothing to do with the police she has to go to court

She said if I go to police and ask for this part of the contract to be deleted. Then go to amphur it can be done

?. Can this be done ???

[Mario2008]

You can alter a contract if both parties agree, or if a judge alters the agreement.

[apiwan]

You can alter a contract if both parties agree, or if a judge alters the agreement.

Thats what I thought. But I'm gonna try let you know the result

Cheers mate