American/Thai Child visiting Europe for a wedding.

[ChaangNoi]

I would like to take my Thai/American son to a family event in Europe. I have legal parental rights of my son given to me by a court in Thailand. My son also has valid Thai and American passports.

My son was born in Thailand and took the last name of his mother. However when I got the legal right as a parent (Mother and I were never married) we changed the name of my son to my last name.

Now I thought it would be a good idea to have the passports updated to reflect the new name. Did this for the Thai one, no problem. His Thai ID card even has his new name on it. However the American passport is not so easy. They are demanding that the mother show up in person to have the name changed. The mother is not willing to travel to have this done. The US State Department said that since the passport is still good just use the one with the incorrect name. I was shocked at this but they know more about the rules than I do.

I have already bought the airline tickets and used his current legal name that is in his Thai passport.

I'm worried about two things. If I do not get him a visa in his Thai passport will the airline let him on the plane with his incorrect name in the American passport?

Also when he leaves Europe he will leave with my Thai wife who has my last name. I will be staying longer in Europe and he will return for school. Will he get passed immigration in Europe and back on a plane to Thailand without me?

Should I do nothing, should I try to get him a visa in his Thai passport, should I just not let him go see his family leaving him alone in Thailand for 2 weeks?

Pretty upset with the US state department on this but I can't force them to correct the port.

Any help would be great.

[Thanyaburi Mac]

Sure seems like you should be able to apply for the child's new passport without the mother being there in person.

-- You have the sole parent court order, that's the main item.

However, even if the mother cannot come to Bangkok, looks like there's an option for her to sign a notarized statement that the new passport is OK with here. "Notarials" in Thailand are a bit strange, but perhaps if it's chopped of at her local amphur, that'd work.

Take a look at: http://travel.state.gov/content/passports/english/passports/under-16.html

4. Parental Consent

Children under age 16 cannot apply for a passport by themselves.

Both parents/guardians must appear in person with the child and provide consent, authorizing passport issuance to the child. If one parent/guardian is unable to appear in person, then the DS-11 application must be accompanied by a signed, notarized Form DS-3053: Statement of Consent from the non-applying parent/guardian.

If the child only has one parent/guardian, evidence of sole authority to apply for the child must be submitted with the application in the form of a:

Court order granting sole legal custody to the applying parent (unless child’s travel is restricted by that order)

A court order specifically permitting the applying parent to apply for the child’s passport

Judicial declaration of incompetence of the non-applying parent

Death certificate of the non-applying parent

Photocopies and notarized copies are unacceptable

If the child has two parents/guardians, but one is absent and cannot be located to provide parental consent in a timely manner, the applying parent must submit Form DS-5525: Statement of Exigent/Special Family Circumstances. The statement must explain in detail the non-applying parent's or guardian’s unavailability and recent efforts made to contact the non-applying parent. The applying parent also may be required to provide evidence (e.g., custody order, incarceration order, restraining order) to document his/her claim of exigent or special circumstances. To protect against international parental child abduction, the Passport Agency processing the application may ask for additional details if the statement is determined to be insufficient.

If both parents or guardians are unavailable, a third party may apply for a passport for the child with a signed, notarized written statement or affidavit from both parents or guardians authorizing a third party to apply for the child. Each statement must be accompanied by a photocopy of the parents' or guardians' identification. When the statement of affidavit is from only one parent/guardian, the third party must present evidence of sole custody of the authorizing parent/guardian.

IMPORTANT NOTE: The written consent from the non-applying parent that accompanies an application for a new passport must be less than three months old. New written consent from the non-applying parent must be obtained and submitted with any future passport application for the child under age 16.

[ChaangNoi]

I have a court order that gives me parental rights, not the sole parent. I was never married to the mother.

The state department said the only notary they would accept is the one they will make. I expected to get it done locally as I had before but this time I was refused.

[ChaangNoi]

After looking into what it would take to get the sole documents that might be the best way to do it. It seems I do not have to go to court but just to an office with a bunch of documents and the mother. If that is correct we might just do that.

[EyesWideOpen]

Odd. I did the exact same process, changing the name of my daughter to having

my last name. It was a piece of cake. I did change the name on her Thai passport

first, and had copies of the documents that proved that. My daughter was with

me at the embassy. My wife was there too, but at no point was she asked to come

to the window for any reason. My name was on her birth certificate, so the issue

seemed to be a slam dunk.........

[ChaangNoi]

Odd, maybe I should have just tried to do it and not asked first. I only asked becasue I did not want to have my whole family travel and be rejected.

I'm going to check on becoming the sole parent today, and if that is quick and easy then I will just do that. If not I will be back:)

[ChaangNoi]

Learning more about getting sole custody I have learned that the mother does not get a say and can not object, protest, or be informed. That is kind of shocking...

[blackcab]

Learning more about getting sole custody I have learned that the mother does not get a say and can not object, protest, or be informed. That is kind of shocking...

Why is that shocking? That is what sole means. If the mother got a say or was in any way responsible then that's joint custody.

Think about a bank account in one persons name and a bank account in joint names - it's the same principle.

[ChaangNoi]

Learning more about getting sole custody I have learned that the mother does not get a say and can not object, protest, or be informed. That is kind of shocking...

Why is that shocking? That is what sole means. If the mother got a say or was in any way responsible then that's joint custody.

Think about a bank account in one persons name and a bank account in joint names - it's the same principle.

I guess just how it could be abused.

The mother see's my son maybe once every year. I was shocked that there is nothing stopping her from getting sole custody by just filling out a few forms and taking him to that office for a couple of hours. Just not what I expected I guess.

[blackcab]

I think you'll find that sole legal custody of a child is granted by the Court.

From what I understand this takes a few months and legal representation.

[ChaangNoi]

I think you'll find that sole legal custody of a child is granted by the Court.

From what I understand this takes a few months and legal representation.

I went to the court to get legal custody. Went to the office on Friday to see if we could just get it done the way they told my wife. Turns out it is a bit more tricky since I am not Thai. I do need the consent of the mother and the consent of the head of her village. They wanted to see a whole lot more documents than had asked before but we have them all so should be easy as the mother is okay to do this.

I'm pretty sure there are not real laws here and they just make up what they want to do on the spot.