Thai Wife Left Husband And 2 Y/o Daughter.

[Doinrite]

Here's my situation. My wife of 2 years got addicted to drugs (yai ice), ran off and disappear. Leaving me and my daughter. Back in 2012 try to apply for birth aboard at US embassy. Was ask to take DNA test. Test results excluded me as biological father. Wife denies she has been with anyone else. Fine. Take 2nd test just in case something went wrong with 1st test. 2nd excluded me as biological father again. Wife still denies test results. Ok. No U.S. citizenship. I figure I raise child as my own.

Toward the end of the process of my wife's visa approval (at final interview) my wife becomes addicted to drugs. When I come back to Thailand from the U.S. to be with wife for her interview. I confront my wife get into a big fight. She runs off not to be heard from. I'm real close to wife's family and keep in contact with them constantly. Nobody in wife's family is able to contact my wife and don't know where she has gone.

Wife parents and I agree that I should take my daughter to U.S. to live with me. Not sure how to proceed. Any advice or comments would be greatly appreciated.

I was married at the time of birth of my daughter and my name is on the Thai birth certificate.

Also, any knowledge on Child Custody is greatly appreciated.

[Mario2008]

That you were married to the mother at time at birth means that according to Thai law you are legally the father of the child and have share custosy with the mother. (If you don't want to be the legal father, you have to go to court to renounce the child as yours with the DNA evidence. Not doing so within 1 year means you accept that you are the legal father).

I am not familiar with US laws regarding parenthood, this is probably governt by state law. But might be worth to check if the child is legally yours under US law because you are married to the mother at the time of birth.

This should be your first action, as that determines the need for a visa etc for the child.

Regarding the custody, you need to try to get sole custody. Normally that is not granted and share custody is the norm. However, with proof that the mother has diappeared for a long tme and proof that she is a drug addict you have a good chance to be awarded sole custody in your case. But confer with a lawyer specialised in family law how to proceed and what evidence you need. The parent sof your wife would of course be great witnesses.

Edit:

Many states have the same rule as Thailand: the husband is automatically the father.

Edited February 5, 2013 by Mario2008

[Mario2008]

I see your problem lies here, hwere it says it must be a biological child:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter2.html#S-A

In general, a child for the citizenship and naturalization provisions is:

An unmarried person under 21 years of age; and

• 
  The biological, legitimated,^[5] A child can be legitimated under the laws of the child’s residence or domicile, or under the law of the father’s residence or domicile. See INA 101©. A person’s “residence” is his or her place of general abode and principal, actual dwelling place without regard to intent. A person’s “domicile” refers to a person’s legal permanent home and principal establishment, to include an intent to return if absent. In most cases, a person’s residence is the same as a person’s domicile. or adopted son or daughter of a U.S. citizen.
  

• 
  

And the answer to that might be in here:

B. Legitimated Child^[7] See INA 101©.

The law of the child’s residence or domicile, or the law of the father’s residence or domicile, is the relevant law to determine whether a child has been legitimated. If the father or child had various residences before the child reached 18 or 21 years of age (depending on the applicable provision), then all the relevant laws of the places of residence must be considered.

A child is considered the legitimated child of his or her parent if:

• 
  The child is legitimated in the United States or abroad under the law of the child's residence or domicile, or under the law of the child’s father's residence or domicile;^[8] See INA 101(a)(33), which defines the term “residence” as the “place of general abode.” The place of general abode of a person means his or her “principal, actual dwelling place in fact, without regard to intent.”
  

You could find arguments in that you are the legal father under Thai law, so have legitimised the child.

• 
  

[Doinrite]

I like to further add,

I have been living in the U.S. because of my job. I come back every 3-4 months to visit my wife and daughter. About 3 times a year for the past 3 years. Also my parents are both Thai but I was born in the U.S. and do not have Thai citizenship only U.S. citizenship. Thanks for all responses.

[Mario2008]

You do have Thai citizenship, as both your parents are Thai you were born a Thai (and US citizen). Being born in the US what you need to do is report your birth to the Thai embassy and with that the Thai government is aware that a Thai citizen was born and you can apply for a Thai passport etc.

It is a relatively simple procedure, and your age doesn't matter. You only need your US-birth certificate and details of your parents. With your nationality confirmed you can travel freely to Thailand and own property etc.

[beano2274]

I like to further add,

I have been living in the U.S. because of my job. I come back every 3-4 months to visit my wife and daughter. About 3 times a year for the past 3 years. Also my parents are both Thai but I was born in the U.S. and do not have Thai citizenship only U.S. citizenship. Thanks for all responses.

You are Thai as your parents are Thai, does not matter where you were born.

[Doinrite]

Is there anything I can I do at the amphoe office where I registrar my marriage and my daughters birth. My wife parents do not have any problems or issue in signing any legal document.

I like to get everything possible done before I leave in 3 weeks. All this help has lifted a lot of weight from my shoulders, Thank you everyone.

[Mario2008]

There are no papers that can be signed at the amphur by your inlaws.

When married, you have equal rights as the mother and can take the child out of the country. Immigration can check if you have prmsion to take the child out of the country, but when you and the child have the same last name that is usually not done.

[Doinrite]

As a U.S. citizen I can get a visa for my daughter (Thai citizen) can apply for visa for my daughter to travel to U.S.A. with me? Do I need the birth mothers permission? Which it would be difficult due to she is no where to be found?

[Mario2008]

For a visa application I believe you must have permisison from the mother, but I'm not 100% sure.

You will get better advise regarding the visa option for your daughter if you ask your question here:

http://www.thaivisa.com/forum/forum/25-visas-and-migration-to-other-countries/

[Doinrite]

What are my options for getting sole custody of my daughter? Or how can I get sole custody of my daughter?

[Mario2008]

You will have to go to court and asked to be granted sole custody over your daughter, based on the fact that the mother cannot be found for more than 2 years and is a drug addict. This will take some time (months), as effords must be made to locate the mother. Eventually resultig in publishing a summons in local news papers and on the buletin board in front of the court house.

[Arkady]

Another issue may be that a child needs both parents' signature on the passport application form for a Thai passport, unless one parent is granted sole custody. Does she have a complicated signature?

[David48]

Another issue may be that a child needs both parents' signature on the passport application form for a Thai passport, unless one parent is granted sole custody. Does she have a complicated signature? (my bolding)

You should be a Diplomat ... subtle enough ...

.

[NanLaew]

If the parents of the errant wife are so keen for the girl to go to the US, maybe they can initiate becoming full custodians of the OP's 'daughter'? There are thousands of children in care of their grandparents in Thailand whilst working single mothers are otherwise engaged or absent. Maybe there's a way of legally formalising this arrangement, Thai with Thai in Thai courts? Then the OP would be dealing direct with them on subsequent issues of obtaining Thai passports, adoption or anything else that facilitates a US visa for the child.

Edited February 6, 2013 by NanLaew

[Doinrite]

My wife is wiling to sign over full custody of my daughter. My wife's family supports my efforts to have my daughter come live with me. We have already got a Thai passport for my daughter. My issue is how can I get my daughter to travel to the U.S.A. with me when i leave in 3 weeks. Also, my wife is giving me a divorce. I have a appointment next week at the US embassy to found out what are my options.

[cgphuket]

She is not your biologically so you will only get her to USA if you adopt her (very long and expensive process) and that can only be done with mother assistance. Odds of approval are very low... Sorry,

[cgphuket]

In these days of pedophile paranoia, I doubt you will ever get a non-biologically little girl out of Thailand...

[Mario2008]

My wife is wiling to sign over full custody of my daughter. My wife's family supports my efforts to have my daughter come live with me. We have already got a Thai passport for my daughter. My issue is how can I get my daughter to travel to the U.S.A. with me when i leave in 3 weeks. Also, my wife is giving me a divorce. I have a appointment next week at the US embassy to found out what are my options.

Contact a US immigration lawyer, as you have to legitimize the child as yours but under Thai law you are the legal father already as you were marreid to the mother at the time of birth. A specialised lawyer will know about case law and can tell you your options and chances. You are in an ackward situation for which I doubt you will find a solution at this forum.

[sms747]

why don't you try to find out who the REAL father of the girl is, she has a right to know in the future.

Edited February 10, 2013 by sms747

[belg]

cut your losses, she apparently cheated on you, it is not your daughter, start over again with a clean one

[Mario2008]

cut your losses, she apparently cheated on you, it is not your daughter, start over again with a clean one

While the OP might not be the biological father, that is not the only kind of parenthood. He certainly is the social father of the child and is to be commended for his efforts to raise the child to his best ability.

[Doinrite]

Update, I when back to my wife's province and she'd return home. Barely spoke to eat other. My wife signed the afidavit of child custody. I'm currently going back to Bangkok to get marriage certicate for the divorce. When I return we will make custody and divorce official. Also I will go with my mother in law to khon kan university hospital for my extensive DNA test. To dispute the results the US embassy have on record. For US Embassy purposes they only require bucca swab. Khon kan university will use blood for DNA testing. There is a condition called chimerism. The odds are 1 in 100's but wife still insist that I'm the father.

Planning to get an attorney when I get back to the US. But trying to do anything possible here in Thailand.

[Mario2008]

Good luck!

[Mario2008]

Post containing illegal advise that can bring someone in jail removed.

[djvolak]

cut your losses, she apparently cheated on you, it is not your daughter, start over again with a clean one

While the OP might not be the biological father, that is not the only kind of parenthood. He certainly is the social father of the child and is to be commended for his efforts to raise the child to his best ability.

And there is already the father daughter attachment. Finding out she is not biologically his did not change that. Good Daddy material I think. Keep after it. Get some legal advice and get the Thai passport. It may help a lot in the long run.

[Doinrite]

cut your losses, she apparently cheated on you, it is not your daughter, start over again with a clean one

While the OP might not be the biological father, that is not the only kind of parenthood. He certainly is the social father of the child and is to be commended for his efforts to raise the child to his best ability.

And there is already the father daughter attachment. Finding out she is not biologically his did not change that. Good Daddy material I think. Keep after it. Get some legal advice and get the Thai passport. It may help a lot in the long run.

Thank you.

I already have a Thai passport for my daughter. Will visit US Embassy and see what options I have.

Edited February 12, 2013 by Doinrite

[Boo]

I've nothing to add on the visa front but wish you good luck.

[Mario2008]

Thank you.

I already have a Thai passport for my daughter. Will visit US Embassy and see what options I have.

Keep in mind that by federal law embassy staff cannot give you any legal advise. But do make clear that you have legitimised your child as under Thai law the child is considered yours since you did not repudiate the child.

[Doinrite]

Thank you.

I already have a Thai passport for my daughter. Will visit US Embassy and see what options I have.

Keep in mind that by federal law embassy staff cannot give you any legal advise. But do make clear that you have legitimised your child as under Thai law the child is considered yours since you did not repudiate the child.

US Embassy will let me reapply for birth aboard status and will accept DNA results from Bloodwork instead of the standard bucca swab.

The other option will be adoption which takes a very long time.

Edited February 12, 2013 by Doinrite