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Posted

Myself and girlfriend of 4 years have just had a newborn. We're not married and don't plan it for the future. I know I have very limited rights as a father without marriage. My main concern is if anything happened to my girl her family may try and take the child for financial gain.

In this scenario could I prove paternity with a blood test and gain custody that way or even thats not enough?

Same if things go pearshaped with my GF can you get some custody rights by blood test?

Posted (edited)

A "blood test" (or what is called nowadays a DNA test) will prove that you are the biological father. But this is not really relevant, as the child's birth certificate should establishes this. Unless there is a dispute about who the biological father is such a test would not be required.

In the scenario you describe, child custody would be decided by a court of (family) law, where the judge will usually rule in the best interest of the child. In the untimely death of the mother, there are two ways how custody is automatically settled without the need for such a judicial pronouncement. The first is that you were married to the mother of the child and the second is that a court had recognised you as actual father beyond merely being the biological father. This usually requires the child being old enough to be questioned about this.

In the absence of these two you will not have certainty until a custody ruling subsequent to an unforeseen eventuality.

Edited by Morakot
Posted

Happened to friend of mine.

Girlfriend died in an accident.

Going through courts now, cost him 50.000 baht so far.

Better do now, going to be much harder if something happens.

Posted

Better do now, going to be much harder if something happens.

How can this be done now, if the child is an infant or newborn as stated?

Does court recognition not require the child to make a statement and therefore should have some adequate mental capacity?

Posted

Better do now, going to be much harder if something happens.

How can this be done now, if the child is an infant or newborn as stated?

Does court recognition not require the child to make a statement and therefore should have some adequate mental capacity?

No the child does not have to make a statement to the court if the child is to young young, if the mother agrees that you are the father it will take about 3 months before you will get a paper from the court confirming that you are the father but you should make sure that you get 50% custody of your child

You and the mother will have to have an interview with the Children's Welfare before you court hearing

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