Need some advice on my rights as a father

[Familyaffairs]

Get yr lawyer to draw up a visitation agreement, and a clause that if she defaults that the child will be allowed to live with you. After that you bolt ! Why? Because if she goes to the family court she will probably get the child back.

[offset]

Get yr lawyer to draw up a visitation agreement, and a clause that if she defaults that the child will be allowed to live with you. After that you bolt ! Why? Because if she goes to the family court she will probably get the child back.

Why do you say that, have you had any dealings with the Children's court if you have you should explain what your problems with the Court was

[SOTIRIOS]

...welcome to hell....

...even a lawyer assures nothing...unless you are the one with more clout and money...

...and of course there is the underlying racism, hatred and resentment you have to deal with...meted out in different degrees, from person to person..

...human rights and humanity and justice seem to take a back seat...

[richard_smith237]

First question I have is : What does your Wife do ?.. i.e. by 'going away to work'.. where and what exactly is she doing ? and importantly, can you prove this if its anything negative ?

The reason I ask this... IF you file for divorce, as you have a child you will have to file for a 'Contested Divorce' whereby custody of the child can be awarded. You can either make an agreement and the 'contested divorce is quick and easy, or it could be a strung out affair.

Your rights are equal to your Wife's... That said, all other things being equal I'm told there is a slight bias towards the mother (but less so than in Western Countries).

You would be within your legal rights to remove your child from the care of his grandparents - this is not parental kidnapping. However, thats easier said than done, a scene could become very nasty so there are many other factors to consider.

IF you can prove in custody hearings that your Wife is not an ideal mother your chances of securing custody are much stronger (hence my question above).

Unfortunately finance doesn't come into it - You are still legally obliged to financially support your child even without custody.

Lawyers: Be very careful... Some will just tell you what you want to hear, some will string along proceedings to make more money. Some will take money and do nothing... Go with a highly trusted company.. In Bangkok that would Tilleke and Gibbins, but I don't know if they have offices outside of Bangkok.

Thus: As has been advised already: In your situation it would be ideal whereby you could come to an arrangement with your Wife. If you can, one which gives you sole custody of your Son. You may even offer verbally that your son can still stay with when she's visiting the village etc... in short say anything, but the agreement on Paper is for sole custody. Once you have Sole Custody you are in control.

Edited May 25, 2016 by richard_smith237

[Autonuaq]

I do not believe you have any enforceable rights. If you believe the child is being endangered/ill treated by the mother you should report the facts to the police.

Any dispute in respect of custody will have to be settled in a Thai court as part of the (probable) divorce unless an amicable agreement can be made in which case the paperwork can be done at the Local Amphur.

you both have the same rights as the mother like in all countries.

child born during legal marriage has both parents as legal parent.

this is what Tai law also respect beside the international child laws apply too in thailand.

taken the child out of custody of the other parent that has cusotdy too is officially child abduction.

you can file a case the police and request the police to go with you and get the child back. ask them to help you to arrange things smoothly they also prefer that you do it that way. The Police and the head of the village will settle the case for you in the smooth thai way.

llok also form the other side too that is Thai most thia not know the laws and I am sure Patrent do no know too about these laws (and a big change the smaller police office in most case also not know)

there are a few catches

one is the registration address of the child

this is the address that the child supposed to be as well the both parents.

you are not married by law (ampur) and have no court order to support you custody

you are know as violent man

if possible take all the (digital) pictures and bills with you to support you claim and show you took care.

please try the smooth way and if not feel secure enough have a local lawyer help you.

the interest of the child is..... free and open contract to all his parents and able to grow up to become a stable adult with a good view on his youth

.

fighting parent are not a part of that.

also not forget many grandparent look after there children when daddy and mum are working . common in thailand and Asia forgotten in the western world.

Edited May 25, 2016 by Autonuaq

[greenchair]

I have read the civil code on parental rights. If your name is on the birth certificate and there has been no court order of custody to her, you are quite within your rights to collect your child at any time. You can collect a copy of the birth certificate at the ampur. Make sure that you Continue to have your parental rights. They can tell you at the ampur. After that, take your child with a lawyer to family court and apply for sole parental rights. No contact to the mother until you win. Have all your ducks in a row before collecting him. I have a good family lawyer if you need. In bkk

[jippytum]

I found to my cost the mother has the paternal rights .I had court agreement to access 50/50 after divorce but when my wife took him up country the court ruling was there was nothing stopping me from traveling up country every time i wanted to see him.

[offset]

I found to my cost the mother has the paternal rights .I had court agreement to access 50/50 after divorce but when my wife took him up country the court ruling was there was nothing stopping me from traveling up country every time i wanted to see him.

Was you in the position to look after your son after the divorce if you were you should of asked to look after him, once you have given the mother the right to look after your child she can take him were ever she wants in Thailand as long as she gives you the right to see him, I can not see how you have the right to tell her where she has to live

[benalibina]

Your wife doesn't want you and is using the kid for a pawn.--What she wants is money.---bwpage3

So she has no love for her child & would sell him at the right price-----Gosh bwpage3, you must be very close to his ex-wife to know these things, Oh of course I forgot She's Thai isn't she....I guess its easier to work it out once you know that no Thai person is capable of loving their child if the price is right.

I don't suppose the fact that she has gone off to look for work, wouldn't indicate to you that there seems to be no money being given by the loving father at the moment.........

The naivety of some amazes me. Money or no money given.....he is of no interest apart for....money. Same as the kid. Welcome to poor rural Thailand where life of an innocent has no value.

[harri]

Again i thank everyone for their post...today me and the wife had a decent talk first time in a while she was quite amicable so we have agreed verbally on a course of action for the bettement of the boy she fully realizes that i can provide for him in a correct and meaningful manner we are planning on going to the local amphur to proceed with the divorce and part of that will be joint custody of the boy until such time as he needs to start his education where we will again review whats best for him including taking him outwith thailand to secure a decent education for him....

Thanks again everyone