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Posted

A great deal depends on if you are the legal father or not. In essence if you are/were married to the mother and if not if you went to court to become the legal father.

There is a big difference between custody and having sole parental rights. To get sole parental rights you have to be the legal father and it means that only you now make the decisions regarding the child.

With custody the mother allows you to be the caretaker, but can change her mind at any moment.

I am not married, but in good faith, the mother made me the legal father at the local Amphoe. Is sole parenting rights is another separate step if there is a real complete breakdown?

You now would have parental rights together with the mother. A Thai judge is not likely to change that, unless the other parent is clearly a danger to the child or unfit to raise the child. (Think like mentally ill, long prison term, continuous drug abuse, etc).

Only negotiations between the parents can give one parent sole responsibility if the court will not do this. (A court might make a decision who is the rime caretaker and how many days the other parent can see the child).

Posted

A great deal depends on if you are the legal father or not. In essence if you are/were married to the mother and if not if you went to court to become the legal father.

There is a big difference between custody and having sole parental rights. To get sole parental rights you have to be the legal father and it means that only you now make the decisions regarding the child.

With custody the mother allows you to be the caretaker, but can change her mind at any moment.

I am not married, but in good faith, the mother made me the legal father at the local Amphoe. Is sole parenting rights is another separate step if there is a real complete breakdown?

in good faith,and she wants to sell the child,you are not the legal father untill you get a DNA test.

if the mother says you are,they are proned to LIE-ING.

Posted

The law says nothing about a DNA test being required to become the legal father.

You can become the legal father by declaring you are the father f the child and with both mother and child confirming that.

(Maggusoil, I asume you didn't went only with the mother to the amphur otherwise I would check the docuemnts very carefully about what they actually say).

Posted

I am separated from my wife, our nine year old boy is living with me and have been so for a year now. I pay the mother every month for her expences(always to little according to her) food, cloths so on, the house i've just left, will go to my son anyway some day. How do i start going about getting sole custody without paying? I mean how could she take care of a child anyway, she have no other income than the money i give her? I guess i'm on a farang thinking note now or what?

Posted

If she can take care of the child is not decided by ones income, it is about being a suited person. Nothing you stated so far would suggest that you would receive sole custody form a judge. You will need the co-operation of the mother.

There is no alimony in Thailand, only child support. So you do have some leverage with supporting her or not. But think about what you hope to achieve with getting sole custody. Things might be better as they are now than going through a battle over custody and contact with the mother will be important for your child.

Posted

If a will exist a judge will normally follow the will. If no will, the mother is of cours a strong candidate to be awarded custody over the child.

I went to see a lawyer today and I asked him if this would happen but he just said the law says the baby will go back to the mother no matter what the will said

Can I ask you where you got your information from

Posted

My source is commen sense. A judge will act in the intrest of the child and a will in which another person is the caretaker instead of the mother is an indication that something might be wrong, requiring investigation.

Also judges don't like to split up children. Supose that the father remarried and also got children with his new wife, a judge would be hard prest to seperate the children from eachother because they have a different mother.

Make sure the lawyer you consukt is familiar with (Thai) family law. In many cases in Thailand the parents have joined custody, not sole custody. In case of joined custody the custody would of course go entirely to the mother.

Posted

Thanks for all the responses.

To clarify; We are separated (Thai wife and I).In the divorce process.

I am the legal father.Only asking for comments on paying my wife a monthly amount to have her agree that our 5 year old son would stay with me. She, of course can visit and have him sometimes also.

We all would remain in Bangkok.

Based on the many responses to date I now realize the question is a case by case scenario.

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