Recently Married & Child Custody

[rubbertoe82]

I have had a child out of wedlock and now I have married the child's mother. I am not sure if this means that we have joint custody in the event that we ever split in the future. I have read a lot of the other posts but most relate to Thai/Farang couples that have had a child and not got married.

Like many other kids mentioned in other posts my son has dual nationality. I have read that many Farang fathers have to go to court to get joint (50/50) custody after a break up.

Do I have to legally register as the father of my son If I am married? or if my wife and I divorce would we have joint custody of the child automatically as a result of being married? or would I have to go to court to attain joint custody in the event of a break up?

Thanks in advance for any advice.

[Mario2008]

I presume you are on the birth certificate of the child. When you got married you automatically became the legal father of the child and have dual responsibility with the mother.

[rubbertoe82]

Thanks Mario

Yes I am on the birth certificate although I have read in other posts that the name on the birth certificate means nothing regarding custody, this is why I did not mention it in the initial post.

I just wanted to find out if we would need to get joint custody in the event of a break up, or if we would already have joint custody. It seems that because of the marriage that we already have joint custody and I would not require the mother to agree to joint custody or I would not need to get a court order for joint custody in the event of a breakup. I hope that in a court scenario that I would be treated equally with the mother regarding custody. Is this a fair assumption?

[AnotherOneAmerican]

Thanks Mario

Yes I am on the birth certificate although I have read in other posts that the name on the birth certificate means nothing regarding custody, this is why I did not mention it in the initial post.

I just wanted to find out if we would need to get joint custody in the event of a break up, or if we would already have joint custody. It seems that because of the marriage that we already have joint custody and I would not require the mother to agree to joint custody or I would not need to get a court order for joint custody in the event of a breakup. I hope that in a court scenario that I would be treated equally with the mother regarding custody. Is this a fair assumption?

Being the father on the birth certificate means nothing EXCEPT if you are married, or subsequently marry the mother.

That really isn't all that hard to understand.

As for custody battles, same as every other country in the world, mom usually wins.

Edited July 14, 2014 by AnotherOneAmerican

[Mario2008]

Being on the birth certificate or not is not important if you are married to the mother at time of birth. By law you are the father no matter who is on the birth certificate.

If in reality you are not the father than you must start an action to repudiate the child through the courts within one year. Otherwise the child is legally yours and you cannot challenge it.