Parental Powers

[jelz1966]

I have researched Thai parental powers and found that if in agreement the parent with Parental Powers has the right to choose where the child will live. Here is my concern. My Thai wife and I will be visiting Thailand in January,2013 with our 23 month old son. She has expressed interest in returning to Thailand with our son but I with the support of American laws will not allow her to leave USA with our son. As long as we are in USA jurisdiction she cannot leave with our son. He was born in Thailand but moved to USA when he was 7 months with my wife. I’m concerned that when we visit Thailand in January my wife will decide to stay with our son. Legally there would not be much I could do, except start a long and expensive custody battle in the Thai courts. However with the research that I have done I have found that a parent with Parental Powers has the power to decide where the child will live. I have decided that I will only agree to go to Thailand on a family trip if she gives me this parental power. In my research I have found that it needs to be in writing, but then must it be registered in Thailand somehow? Do I need a lawyer to write this up and submit it to somebody official, or is a simple letter written by me and signed by the mother legit? This agreement is legit only between married couples and I have not registered as the father in Thailand because we were married already and I’m on the birth certificate. We were married in USA; does Thailand recognize the mother and I as married? Are parental powers only between divorced parents, how about separated parents?

[Mario2008]

You are married so under Thai law you are the legal fahter. (But you would need to rpoof your marriage as it is currently not registered in Thailand. That is not difficult to do).

Under Thai law you are both the parent and both have the power to decide where the child will live, on an equal base. You want the power to decide where the child lives, in other words you want sole custody. That means that the mother must give up all her parental rights. It doesn't seem right to demand that from your wife and will certainly be a strain on the marriage. (which seems already strained?)

Maybe the best option is to work on the marriage and how your wife adjusts to living in the US.

[jelz1966]

What would I have to do to register as married in Thailand? Can I do it from USA? I’m not asking that my wife give up custody of my son, I’m trying to do the right thing in letting her take our son to Thailand, all I want is a guarantee that he will return, so my questions are still unanswered, I need more details about the Parental Power issue.

Thank you.

[Mario2008]

Yes, you should be able to register the marriage through the Thai embassy or one of the General Consulates.

There are no guarantees you will be able to take the child back to the US against the will of the mother, unless the mother gives up cutsody of her child and gives you sole custody. Even then it could go to court in Thailand with an uncertain result.