So my wife left, but we're still married, can I still get a 1-year extension based on marriage?

[paulsh]

Hello,

I'm married but my wife left since a few weeks, unfortunately it's time to renew my visa extension soon and she won't be able to attend with me to the immigration office, so can I still get a 1-year extension based on marriage?

If not, we have a child together (he's living with me), so can I get my 1-year extension based on thai child, even though he is not registered in thailand? (i.e. not registered in any house book, I only have thai birth certificate obtained from aboard embassy).

What is different from the extension "based on marriage" and the one "based on thai child" in regard to documents etc.?

Thanks much

[Lite Beer]

You cannot apply based on Marriage.

You can apply based on having a Thai child if you are the legal Father.

Same finances. 400,000 Baht or 40,000 Baht monthly income.

Having your name on the birth certificate may not be enough without your Wife's help.

You might have to go to court.

See Here: http://www.thaivisa.com/forum/topic/381917-how-to-gain-parental-rights-as-a-father/

[ubonjoe]

You would not be able to get an extension based upon having a Thai child until you get divorced and have at least joint custody of your child.

You could get a 60 day extension if your child was registered in a house book.

If you could get your wife to give you a signed and dated copy of her house book and ID. With those and your marriage certificate (plus a copy) you get a multiple entry non-o visa in Savannakhet that would give you 90 day entries for a year.

[paulsh]

You cannot apply based on Marriage.

Can't I just get any other lady that "looks" like my wife? She left everything at home: old ID card, copy of house book, etc.

You can apply based on having a Thai child if you are the legal Father.

Same finances. 400,000 Baht or 40,000 Baht monthly income.

Having your name on the birth certificate may not be enough without your Wife's help.

You might have to go to court.

See Here: http://www.thaivisa.com/forum/topic/381917-how-to-gain-parental-rights-as-a-father/

I am already the legal father as we were married before the child was born. Correct?

You would not be able to get an extension based upon having a Thai child until you get divorced and have at least joint custody of your child.

Ok so this is not an option as there's no way we're gonna get divorced anytime soon, she won't even answer my calls since she left.

[paulsh]

Also, can I leave the Thailand with my child? He has an European passport (in overstay).

Should I get a document from the police station or something that the mother abandoned him?

Before she left she told me to take him aboard with me, she doesn't want him. Now I can't reach her anymore so I can't get any attesting document from her...

[Soutpeel]

Also, can I leave the Thailand with my child? He has an European passport (in overstay).

Should I get a document from the police station or something that the mother abandoned him?

Before she left she told me to take him aboard with me, she doesn't want him. Now I can't reach her anymore so I can't get any attesting document from her...

The police will not give you any document

Be very very careful going this route, all it take is for her to find out and lodge a charge of " kidnapping " against you, if you are considering something like this you really need to go and see a lawyer and see exactly what your options are

[ubonjoe]

You cannot apply based on Marriage.

Can't I just get any other lady that "looks" like my wife? She left everything at home: old ID card, copy of house book, etc.

That would be illegal plus it would not work.

You can apply based on having a Thai child if you are the legal Father.

Same finances. 400,000 Baht or 40,000 Baht monthly income.

Having your name on the birth certificate may not be enough without your Wife's help.

You might have to go to court.

See Here: http://www.thaivisa.com/forum/topic/381917-how-to-gain-parental-rights-as-a-father/

I am already the legal father as we were married before the child was born. Correct?

You are the legal father.

You would not be able to get an extension based upon having a Thai child until you get divorced and have at least joint custody of your child.

Ok so this is not an option as there's no way we're gonna get divorced anytime soon, she won't even answer my calls since she left.

If you have your marriage certificate and those copies of her house book and ID card you mentioned you could get the visa in Savannakhet.

You could possibly get a document from the Amphoe giving you custody at the Amphoe so you could take your child out of the country.

Children under 15 do not pay overstay fines so that would not be a problem.

[paulsh]

Also, can I leave the Thailand with my child? He has an European passport (in overstay).

Should I get a document from the police station or something that the mother abandoned him?

Before she left she told me to take him aboard with me, she doesn't want him. Now I can't reach her anymore so I can't get any attesting document from her...

The police will not give you any document

Be very very careful going this route, all it take is for her to find out and lodge a charge of " kidnapping " against you, if you are considering something like this you really need to go and see a lawyer and see exactly what your options are

Well he's still a baby, and she left him alone at home crying while I was outside, when I went back home I found him on the floor crying to death. She called me one time that day and told me that she doesn't want to take care of our child and that I should be looking after him by myself from now on and that I should bring him aboard with me. Those are her words. Ever since this conversation she changed her number and is now completely unreachable for weeks.

I can't leave the baby with anybody else or he would cry, he already lost his mother so it would be a crime to separate him from his father also. Now if I need to get aboard to renew my visa, then I must bring him with me!

If the mother calls me and wants to see him I would definitely agree, as the baby needs his mother. Even if she wants to take him with her it would be a better than now. I just have now choice as of now.

Sincerely

[paulsh]

If you have your marriage certificate and those copies of her house book and ID card you mentioned you could get the visa in Savannakhet.

You could possibly get a document from the Amphoe giveingyou custody at the Amphoe so you could take your child out of the country.

The visa is not problem, I can get a student visa or fly back home in Europe, now the main concern is to know if I won't have any problem at the airport flying out with my child without the mother...

You say that I can get full custody at the Amphoe? How exactly? What documents are required? I just go there and tell them that the mother disappeared?

Thanks for your help

[ubonjoe]

If you have your marriage certificate and those copies of her house book and ID card you mentioned you could get the visa in Savannakhet.

You could possibly get a document from the Amphoe giveingyou custody at the Amphoe so you could take your child out of the country.

The visa is not problem, I can get a student visa or fly back home in Europe, now the main concern is to know if I won't have any problem at the airport flying out with my child without the mother...

You say that I can get full custody at the Amphoe? How exactly? What documents are required? I just go there and tell them that the mother disappeared?

Thanks for your help

It would take witnesses that she abandoned your child and some documents filled out. There is standard form they issue. I am not completely familiar with the procedure.

[Soutpeel]

If you have your marriage certificate and those copies of her house book and ID card you mentioned you could get the visa in Savannakhet.

You could possibly get a document from the Amphoe giveingyou custody at the Amphoe so you could take your child out of the country.

The visa is not problem, I can get a student visa or fly back home in Europe, now the main concern is to know if I won't have any problem at the airport flying out with my child without the mother...

You say that I can get full custody at the Amphoe? How exactly? What documents are required? I just go there and tell them that the mother disappeared?

Thanks for your help

It would take witnesses that she abandoned your child and some documents filled out. There is standard form they issue. I am not completely familiar with the procedure.

In all honesty the op really needs to go and see a lawyer and explore all his options, right now the estranged wife may not care but maybe in the future she will and if this is not done properly the op could be in for a whole heap of hurt later on

[AnotherOneAmerican]

Just get on the plane.

Say nothing, nobody will be bothered.

[phuketrichard]

you need to got to family court an get full custody of your child,

The court will grant you the divorce and custody at the same time, but you might need someone to testify that the mom left

When i went to court the mom ( who had left an dno idea where she was for over a year) did not show up an i had to present a letter what happened.

Without full custody u wont be able to renew our child's passport as u need both parents to sign till there at least 18 ( for US) 20 for a Thai passport ( or one parent needs sign paper)

Seriously dont know what you need to do to prove he is your child and hes with you here in Thailand.and not even on a thai hose book.

get a lawyer to help you.

Been there done that!

[Maestro]

The child is "still a baby". Newly born? Mother perhaps suffering from postnatal depression?

I think you should consult a lawyer, as has already been suggested, and for a start probably do two things:

1. Report your wife missing.

2. File for sole custody of the child in Family Court.

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

[AnotherOneAmerican]

Lots of wrong advice being given here.

In Thailand either of the married parents can go where they like with their child.

Custody only comes into it, after divorce and a custody order (or agreement) has been made.

You aren't divorced, I assume you are married, so you can go where you like with baby without seeking permission from anyone.

If you file for divorce, you open a big can of worms, Thai courts don't like Thai children taken out of Thailand.

You won't be given 100% custody, no matter what, and you won't be allowed to take the child out of the country.

If you use a foreign passport and don't mention any Thai connection to anyone, Thai border control/immigration won't care at all, foreign child, not their business.

They usually don't care if a Thai child either. But a foreign child, no problem at all.

Especially as the kids foreign passport shows him entering the country.

(If he was born in Thailand, they may have asked why no entry stamp in his passport)

Anyway, good luck whatever you do.

Bringing up a child is hard enough with both parents pulling together.

Edited June 10, 2014 by AnotherOneAmerican

[Maestro]

Removed an off-topic post.

[Maestro]

...

Custody only comes into it, after divorce and a custody order (or agreement) has been made.

...

On what do you base your above opinion, in the context of this topic implying that when one parent abandons spouse and child and disappears without trace, the other parent cannot possibly apply for and get a court order granting sole custody of the child?

[paulsh]

I don't want to divorce my wife. I love her, even if what she's doing is horrible in regard to both the child and me, I wish her to come back home.

And I don't have any intention to prevent her from seeing/raising her child neither, as I strongly believe that my child also needs his mother.

The point is purely regarding my current ability to travel with him back home. It surely would be interesting to gain full custody, considering the little compassion she showed to the child (she left the home while I was out, leaving behind our baby crying alone), however I'm afraid that such process would result in our child being separated from me this time...

[paulsh]

The child is "still a baby". Newly born? Mother perhaps suffering from postnatal depression?

Baby is 1 year.

1. Report your wife missing.

Where should I report that?

[Gonsalviz]

If you have signed copies (anyone can sign) of house book and ID card you can go to Savannnaket and get a multi entry 1 year visa.

Edited June 10, 2014 by Gonsalviz

[PoorSucker]

1. Report your wife missing.

Where should I report that?

Police station.

[AnotherOneAmerican]

...

Custody only comes into it, after divorce and a custody order (or agreement) has been made.

...

On what do you base your above opinion, in the context of this topic implying that when one parent abandons spouse and child and disappears without trace, the other parent cannot possibly apply for and get a court order granting sole custody of the child?

He can absolutely try for a court order granting sole custody.

But,

The court will want to look for the other parent, contact the Thai family, taking at least 6 month and maybe 24 months.

Would probably be required to divorce wife for abandonment before custody order (1 year wait before filing for divorce on grounds of abandonment).

And in that time the OP is unlikely to be permitted to go abroad with the child. And if mom reappears, could be years.

Not to mention, (can of worms)

If mom really has disappeared without trace leaving all documents behind, OP may have exposed himself to a possible police investigation (in the US for sure) with him as chief suspect. Can OP provide evidence of life for missing spouse?

All of which won't be much help if the OP has run out of money (OP didn't say about money). But will be help for a VISA extension.

Edited June 11, 2014 by AnotherOneAmerican

[whatproblem]

I got my visa to care my 5 year old son under the same conditions ,my wife ran away ,no divorce ,I went to the amphur they put sons name in book ,we went immigration with house book ,proof of income 40,000baht /month and rite certificate they did all the paper work for me ,1 week later they came my home ( no one home). And 1 month after I went immigration Job done

[Mario2008]

Lots of wrong advice being given here.

In Thailand either of the married parents can go where they like with their child.

Custody only comes into it, after divorce and a custody order (or agreement) has been made.

You aren't divorced, I assume you are married, so you can go where you like with baby without seeking permission from anyone.

If you file for divorce, you open a big can of worms, Thai courts don't like Thai children taken out of Thailand.

You won't be given 100% custody, no matter what, and you won't be allowed to take the child out of the country.

If you use a foreign passport and don't mention any Thai connection to anyone, Thai border control/immigration won't care at all, foreign child, not their business.

They usually don't care if a Thai child either. But a foreign child, no problem at all.

Especially as the kids foreign passport shows him entering the country.

(If he was born in Thailand, they may have asked why no entry stamp in his passport)

Anyway, good luck whatever you do.

Bringing up a child is hard enough with both parents pulling together.

Lot's of bad advice given here.

Custody is not only rewarded after a divorce. Disapearence might lead a court to grant sole custody in the intrest of the child.

Although sole custody is rare, it is awarded when there is clear need. But getting it is not easy.

Thai courts do not as a matter of course forbid children to leave the country.

Immigration does check stricter and stricter if a child travelling with only one parent has permission from the other parent, regardless of nationality. The legallity of it is something else, as Thailanddoesn't have parental kidnapping laws.

[paulchiangmai]

Lots of wrong advice being given here.

In Thailand either of the married parents can go where they like with their child.

Custody only comes into it, after divorce and a custody order (or agreement) has been made.

You aren't divorced, I assume you are married, so you can go where you like with baby without seeking permission from anyone.

If you file for divorce, you open a big can of worms, Thai courts don't like Thai children taken out of Thailand.

You won't be given 100% custody, no matter what, and you won't be allowed to take the child out of the country.

If you use a foreign passport and don't mention any Thai connection to anyone, Thai border control/immigration won't care at all, foreign child, not their business.

They usually don't care if a Thai child either. But a foreign child, no problem at all.

Especially as the kids foreign passport shows him entering the country.

(If he was born in Thailand, they may have asked why no entry stamp in his passport)

Anyway, good luck whatever you do.

Bringing up a child is hard enough with both parents pulling together.

Perhaps you can explain how immigration stopped my son leaving Thailand for Australia on an Australian passport with his Thai mother on the basis that she might be taking him to Australia to sell him.

[phuketrichard]

Lots of wrong advice being given here.

In Thailand either of the married parents can go where they like with their child.

Custody only comes into it, after divorce and a custody order (or agreement) has been made.

You aren't divorced, I assume you are married, so you can go where you like with baby without seeking permission from anyone.

If you file for divorce, you open a big can of worms, Thai courts don't like Thai children taken out of Thailand.

You won't be given 100% custody, no matter what, and you won't be allowed to take the child out of the country.

If you use a foreign passport and don't mention any Thai connection to anyone, Thai border control/immigration won't care at all, foreign child, not their business.

They usually don't care if a Thai child either. But a foreign child, no problem at all.

Especially as the kids foreign passport shows him entering the country.

(If he was born in Thailand, they may have asked why no entry stamp in his passport)

Anyway, good luck whatever you do.

Bringing up a child is hard enough with both parents pulling together.

from MY PERSONAL experience;

I got 100% custody, i took my daughter OUT of Thailand many many times, ( she is currently studying in the states at university)

Why do so may claim they know so much and create problems with someone asking a question here?

With all these misleading info

GO SEE A LAWYER

TO all those that are claiming they know, have you gone thru the system?? or only here say?

Background;\when the "wife" went off we traveled to the the states, Europe, Bali etc, no problem.

After a year she came back an wanted $$$.it was at this point i said <deleted> no an got a lawyer, he called her in and asked what she wanted, said a mil, i said dream on. any way we agreed to 100,000 and we paid her, got her to sign a paper and she left.

The lawyer than set up a court date 1 month later .I had to write a letter to the court describing what happened. IN court i presented the letter, the 3 judges ( family court is always 3 judges) asked me questions which i answered. 2 weeks later all full custody an divorce papers came thru.

TO the op; she may be only suffering post birth syndrome but u better be aware what your options are in advance

Edited June 11, 2014 by phuketrichard
Removed a inflammatory comment

[Phoenix1312]

Also, can I leave the Thailand with my child? He has an European passport (in overstay).

Should I get a document from the police station or something that the mother abandoned him?

Before she left she told me to take him aboard with me, she doesn't want him. Now I can't reach her anymore so I can't get any attesting document from her...

The police will not give you any document

Be very very careful going this route, all it take is for her to find out and lodge a charge of " kidnapping " against you, if you are considering something like this you really need to go and see a lawyer and see exactly what your options are

Well he's still a baby, and she left him alone at home crying while I was outside, when I went back home I found him on the floor crying to death. She called me one time that day and told me that she doesn't want to take care of our child and that I should be looking after him by myself from now on and that I should bring him aboard with me. Those are her words. Ever since this conversation she changed her number and is now completely unreachable for weeks.

I can't leave the baby with anybody else or he would cry, he already lost his mother so it would be a crime to separate him from his father also. Now if I need to get aboard to renew my visa, then I must bring him with me!

If the mother calls me and wants to see him I would definitely agree, as the baby needs his mother. Even if she wants to take him with her it would be a better than now. I just have now choice as of now.

Sincerely

I feel very sorry for you and the baby. Please go and see a reputable lawyer to get this worked out as soon as possible.

[SantiSuk]

I just hope you have some stable married friends (or experienced singles) here in Thailand to help you bear the pain and the work in looking after a toddler. Best of luck.

[spike]

The child is "still a baby". Newly born? Mother perhaps suffering from postnatal depression?

I think you should consult a lawyer, as has already been suggested, and for a start probably do two things:

1. Report your wife missing.

2. File for sole custody of the child in Family Court.

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

I remember reading a situation quite like this one on another forum a few years back. The father hired a Thai lawyer and they had to document that the wife was still alive...I believe they hired an investigator to find her and determine that she indeed abandoned the family...after that...if I remember correctly.. the father could leave the country with the Thailand born child or raise the child in Thailand.

[Maggusoil]

In new enquiries in Australia at the Thai Consulate, based on a one year visit to be with my Thai daughter, my name on birth certificate, not married to her mother, they told me as long as I have the birth papers, is sufficient. I asked for sure they said for sure. Will test it shortly. They said not to worry about bank details.