What is your right as a married Parent if the other parent takes the child?

[thesyndicate]

What is your right as a married Parent if the other parent takes the child? If a couple married and having a child and the mother is taking the child away what is the right for the father to "take it back" his right to see the child again? Do you have to fight for a divorce in court or can you actully claim something with the Police?

[belg]

your best option, seriously, is to find a new wife and have children with her

your rights ? rights ? this is thailand, you have none ...

if she runs away to the sticks or whereever, this is not kidnapping in the eyes of the law

[jaywalker]

Go hire a lawyer. Get one from Bangkok (not Pattaya or Phuket), interview 4 or 5 of them, then pick one you feel comfortable working with. Hopefully they will have a staff member/associate/partner there with a UK/USA/AUS/NZ/Canadian law degree that can help you.

If you can show that you have either assets or income that far exceed what your ex-wife has, most likely a judge will award custody to you.

As for Pattaya & Phuket lawyers, I'd guess there might be a few that are decent, but I've talked to quite a few & never was impressed.

You might want to look in a few bookstores in your area as well. A few attorneys have some published English language books out there, not necessarily on this subject, but published authors have put a LOT of work into their books, as opposed to the paralegal that couldn't make it in Manchester or Atlanta, so decided to become a "Legal adviser" in Thailand.

My neighbor was a retired California lawyer. He had connections out the wazoo back in his hey-day, & he'd sure refer folks to someone that was specialized in that area to his friend. Of course he got a kick-back/commission for referring the business to them.....nothing wrong with that.

Just my 2 cents worth.

Edited September 25, 2014 by jaywalker

[zeichen]

"your best option, seriously, is to find a new wife and have children with her

your rights ? rights ? this is thailand, you have none ...

if she runs away to the sticks or whereever, this is not kidnapping in the eyes of the law"

Your post is ignorant and unhelpful and not accurate at all.

You do realize that Fathers here usually win custody in court.

[Ulic]

You do have rights but there is no parental kidnapping in Thailand. (so I have been told) I hate to sound crass

but often some kind of financial arrangement can be reached. Probably cheaper than a lawyer. Failing that

get a good lawyer. Best of luck getting your parental rights adhered to.

[atyclb]

the family court is fairly decent, the judges are well paid and do not have a reputation for corruption. if u have a condo or house in thailand and can show u can provide a better future for the child you have a fair chance at custody but you'd need to file for divorce.

additionally it seems fees charges by some lawyers, especially in bkk are on par with G7 fees which is rather strange.

[thesyndicate]

Thank you for all your advice, I still think there is some kind of "kidnapping" by either parent. It can not be legal to just take a child and what happen if I take it back? Do we stand and drag in each leg? Getting a new wife and do it all again? I am not buying a new buffalo i am talking about my child, I feel sorry for your children if you never fight for them. For sure Bangkok lawyers are better than Pattaya lawyers however most of them ask for fantasy amounts.

Edited September 25, 2014 by thesyndicate

[NanLaew]

Despite having one's name on the Thai birth certificate, isn't there some legal step of first being recognized in a Thai court of law as the father? Or is that just for common-law (unmarried) partnerships?

[thesyndicate]

Nanlaew Yes you can go to court and if the mother give consent in the court it is a walk in the park. If the mother do not give consent you need to take DNA test or actully the court can if they do not like you or have a bad day ask you to take DNA test even if the mother says you are the father.

Alternative two is to go to the local amphur and ask them to "recognize" you as the father however very few amphur do that and you MIGHT just MIGHT be able to do it in a small city if you know the people otherwise they only do it when the child is 12 or after the court says it is so.

[hanuman2543]

If you are legally married to the mother you are automatically regarded as the father of the child with the same rights like the mother. Unfortunately taking away the child from one parent is no criminal offence here. Go to the Family Court and asked a judge for shared custody.

[thesyndicate]

Yes in the same time ask for divorce I guess or can you do that and still be married?