Myself and my Thai wife have agreed to a divorce. I'm currently on a Non-O based on marriage. We have decided that our 8-year-old son will live with me.

What do I need to do to change the Non-O based on marriage to a Non-O based on taking care of a minor? She will not sign full custody over to me, but agrees that his future will be better if he stays with me. My name is on his birth certificate. Other than the birth certificate, I have no other papers stating that I am his father.

Any help is appreciated.

Do you have a non 'O' visa or a 1 year extension of stay based on marriage?

One year extension of stay based on marriage

Your current permission to stay will end on the day you get divorced. On that day you can change the reason for the extension of stay from marriage to be based on being the parent of a Thai. Based on other reports you should ask your local office if they will allow the extension based on being a parent with joint custody. Some, it would appear, might want you to have full custody.

As a plan B. If for any reason you are unable to get an extension of stay you could go to Penang, Malaysia and, as long as you have at least 100k baht in your bank and the birth certificate, get a 1 year multiple entry non 'O' visa. You'd need to exit/re-enter every 90 days, but a 60 day extension is possible for each entry.

Your current permission to stay will end on the day you get divorced. On that day you can change the reason for the extension of stay from marriage to be based on being the parent of a Thai. Based on other reports you should ask your local office if they will allow the extension based on being a parent with joint custody. Some, it would appear, might want you to have full custody.

As a plan B. If for any reason you are unable to get an extension of stay you could go to Penang, Malaysia and, as long as you have at least 100k baht in your bank and the birth certificate, get a 1 year multiple entry non 'O' visa. You'd need to exit/re-enter every 90 days, but a 60 day extension is possible for each entry.

Thank you