Help! 1 year Non O extension based on being parent of Thai child

[fishstick]

I am looking on doing a one year extension next month on my non immigrant O visa based on being a parent of a Thai child (i was legally married to the child's mother but I am now divorced) at the moment I have a 3 month non imm O visa which I obtained in Vientiane

I have read the great information on this forum and have used it to assemble a list of the documents i will need, today I thought i would pop along to Chiang Mai immigration to ask if there were any other requirements I may have missed and wanted to know whether i should bring my daughter along too.

Amongst the information i was given the immigration officer said that i will need to get a court order granting me guardianship of the child! I was a little surprised at this as after reading the information here i did not think that it was a requirement. I thought being able to prove that i was the natural father (along with proof of residence and money in the bank etc) was all that was required.

Do i need to go to court to get legal guardianship of the child? would this be an extra requirement as i am divorced? My daughter only stays with me at the weekend so could i actually get legal guardianship of my daughter as my home is not her main residence (she is living mainly with her mum) and we are all happy with this?arrangement.

Is getting a court order the norm or just a requirement at the Chiang Mai immigration?

Any info, advice much apppreciated

[PoorSucker]

When you got divorced did they put you as joint custody in the Ampur?

[ubonjoe]

Does your divorce decree give you joint custody of your child? That would be a minimum requirement to get the extension.

There is no written rules for custody of a child to get the extension which means a particular immigration office can ask for what ever the feel is needed.

You probably would not need to go to court if you ex wife agreed to change the custody agreement.

Did you have your child with you when you applied?

[fishstick]

When me and my ex wife got divorced we just went to the government office and were issued with a divorce certificate we did not make any discussion or formal agreement about the custody of the child. I would guess if i did not request any formal agreement then the Thai mother will have sole custody? Do you know how i can check this?

My ex wife is very much happy for me to be a part of my daughters life and will have no issues about agreeing to joint custody if necessary, do you know how i would go about getting joint custody?

If i do have to go to court then i guess this could take a while! Did i read there is an option of a two month extension....would i qualify?

[ubonjoe]

You would need to check with the Amphoe to find out what would be needed to change the custody agreement. If it was not mentioned in your divorce agreement I am not sure how it would be considered.

You can get get a 60 day extension to visit your child to give you more time to sort things out.

[fishstick]

ok......Thanks for your help ubonjoe

[jphasia]

When me and my ex wife got divorced we just went to the government office and were issued with a divorce certificate we did not make any discussion or formal agreement about the custody of the child. I would guess if i did not request any formal agreement then the Thai mother will have sole custody? Do you know how i can check this?

My ex wife is very much happy for me to be a part of my daughters life and will have no issues about agreeing to joint custody if necessary, do you know how i would go about getting joint custody?

If i do have to go to court then i guess this could take a while! Did i read there is an option of a two month extension....would i qualify?

Hello, when I got divorced in Amphur, I asked my lawyer to make sure that i get the full custody of my son. There was then a document filled in the amphur, signed by both my wife and me and also signed and stamped by the amphur mentioning the custody of the children and others informations such as joint properties if available... Once all done, this document has been attached to the official divorce certificate.

If that can help.

[fishstick]

Ok thanks jphasi, i will head to the Amphur office tomorrow with my ex wife to see what can be done!

[williamgeorgeallen]

i looked into a NON im O as i have half thai children. it was explained to me that i would have to go to court to prove the kids are mine. it all seemed a bit confusing and was going to be expensive. i happened to be in nz and just posted in copies of kids birth certs,copies of mums id and my passport to thai embassy in auckland. 250nzd and now i have a 1 year multi entry visa. seems to be easier to do it in your home country as long as you have the documents. not sure if this will be an option for you. good news the mum does not have to go with you, you just need the right paperwork.

[leosurin]

I just did it,you need to contact a lawyer,cost me 20000 bath,have a pre interview at the court,mother of the child needed,also the grandparents,been talk with each one,that the only time the family been needed if they willing

On the day of the court case,your daughter need to be present.

The judge will decide if you can have the the rights or not to change the divorce documents.

Than if the verdict is positive,must wait one month for the court paper,than go to the amphoer and change the divorce documents.

Good luck!

[PoorSucker]

i looked into a NON im O as i have half thai children. it was explained to me that i would have to go to court to prove the kids are mine. it all seemed a bit confusing and was going to be expensive. i happened to be in nz and just posted in copies of kids birth certs,copies of mums id and my passport to thai embassy in auckland. 250nzd and now i have a 1 year multi entry visa. seems to be easier to do it in your home country as long as you have the documents. not sure if this will be an option for you. good news the mum does not have to go with you, you just need the right paperwork.

Suggest you read this.

How To Gain Parental Rights As A Father

[williamgeorgeallen]

i looked into a NON im O as i have half thai children. it was explained to me that i would have to go to court to prove the kids are mine. it all seemed a bit confusing and was going to be expensive. i happened to be in nz and just posted in copies of kids birth certs,copies of mums id and my passport to thai embassy in auckland. 250nzd and now i have a 1 year multi entry visa. seems to be easier to do it in your home country as long as you have the documents. not sure if this will be an option for you. good news the mum does not have to go with you, you just need the right paperwork.

Suggest you read this.

How To Gain Parental Rights As A Father

all great information thanks. the lawyers i talked to were even confused to what i would need to do to get the non im O in thailand. plan is at this stage to just go back to nz each xmas so the kids can see their grand parents and get the visa then. i was surprised how easy and cheaply the 1 year visa was to get in nz.