Parental rights and obligations

[lanta2016]

Does anybody have some knowledge about the following case?

 

Farang man legally married to Thai woman.

During the marriage the Thai wife gets a baby from another Thai man.

The Thai man signs the birth paper in the hospital.

Farang man and Thai woman are still legally married.

 

- Who is the legal father of the baby?

- Does the farang husband has any parental rights and/or obligations?

- Does the biological father has any rights and/or obligations?

 

There are more questions on that issue but they make more sense after these three questions are answered.

 

Thank you very much

[Preacher]

Thai law is very clear. When a woman is married her husband is automatically the father of any children she gives birth do during the marriage. That means you are the legal father and have parental rights over the child and are responsible for the child's maintenance. The biological father doesn't have any rights.

 

If you do not want any legal rights over the child you can repudiate the child at Thai family court. The judge will then rule that you are not the father and instead can award legal parenthood to the biological father, making him responsible for the child's maintenance (of course together with your wife).

[MikeyIdea]

Yes, preacher is absolutely correct. Also, not a concern now of course but could be later in life: the child has legal right to challenge inheritance in the farang fathers home country too

[lanta2016]

Thank you very much for your answers.

That is actually how I "know" the law from Europe a little bit.

 

Obviously this is not an easy situation. I have bonded with the baby very much already but the situation and future with wife is not clear at all. This makes it very difficult now.

So maybe some of my questions will sound a little bit cool or rational. I am just trying to get as much information as possible ... in any direction.

 

- So am I really "sharing equal" parental rights with my wife?

- Could I tell the biological father to stay away from the child?

- Do I have any "power" or "say" if for example wife and me are not staying together so that I can make sure that the baby stays near me so that I can see the baby many times a week? I fear there is never a guarantee for that in any country, right? In the end the mother could theoretically go to another country and I have no say?

- What happens if we divorce in a local Thai office? How does that affect my parental rights or obligations?

- Is there a deadline for a repudiation at a family court?

 

I guess that is it for now.

Thank you very much

[MikeyIdea]

- So am I really "sharing equal" parental rights with my wife?

Yes, you certainly are

 

- Could I tell the biological father to stay away from the child?

Yes, you can even push kidnapping charges on him if he takes the child. He is not in any way father according to law. Birth certificate means nothing according to law. If he wants to change that, he will have to take this to court

 

- Do I have any "power" or "say" if for example wife and me are not staying together so that I can make sure that the baby stays near me so that I can see the baby many times a week? I fear there is never a guarantee for that in any country, right? In the end the mother could theoretically go to another country and I have no say?

You have shared custody. It does not mean that you can order the mother, you have 100% equal rights.  Juvenile court in Thailand is fair and will not favour the Thai mother over the western father (it's the lawyer you have to watch out with!). If you divorce, then you have an equal chance. Court will see the childs right to have both a mother and a father, they will normally agree on something like 3-2, 4-3, 5-2 days per week. Your best chance of controlling where child should be is to use education. You pay education, you sign the child in to the school alone and keep the paper work, you can provide better and more expensive education and use that as leverage. You should be able to get 4-3 in Juvenile if you handle it well

 

This does not mean that you can guarantee that the baby stays close to you, not the case anywhere. Parents or children has to travel everywhere when parents separate. A legal mother or father has the right to veto that a Thai child leaves Thailand. That applies to the mother as well as to you. If the mother wants to go abroad and bring the child, just take this to Juvenile and she can go if she wants - without the child

 

- What happens if we divorce in a local Thai office? How does that affect my parental rights or obligations?

Up to the agreement you write. You have a legal child together and you must specify how custody should be arranged at the back of the form. You should use a lawyer that the mother meets the first time at the amphur if you go down that path

 

- Is there a deadline for a repudiation at a family court?

Yes, both for you and the blood father but I can't remember what it is... My hard disk got bad blocks and I lost the document. The information is readily available on the internet if you want to search or someone else here will post and tell you soon

 

I think the key point is the likelihood of the blood father taking this to court and when that expire. If he takes this to court a week before his right to do so expires, then he will win (perhaps with the help of DNA) and you will lose the right to the child

 

You also write that the situation and future with the wife is not clear. That's a tricky one. Even if quite a few years go by and the blood father has no way of interfering any longer, the mother may not want to accept that you have equal rights as you are not blood father. You will get your right in court but it can get much more difficult than that in real life

 

Follow your heart

Edited September 7, 2016 by MikeyIdea