Thai/US child to visit USA, what do I need to do?

[ChaangNoi]

My son is both Thai and American. He has a passport for both. He entered Thailand on his US passport about 2 years ago. He is "over staying" but is under 10 years old. He was born in Thailand.

 

The mother and I did not marry but I went to court and have court documents showing I am the father.

 

Do I need anything from the mother (who is now married to someone else) to take him to the US? My child lives with me and my wife. We will only visit the USA for 2 weeks and we will return to Thailand. I'd like to avoid contacting the mother as we have not seen her in over 5 years but I'd really rather not be turned away at immigration.

 

Thanks.

[Sheryl]

You  will usually be asked to show a letter from the mother giving her permission to take the child out of the country. This is  required even of fathers married to the child's mother, though in some cases I have heard of it not being asked for if the child and parent had the dame surname -- but you take a risk banking on that.

 

Longer term, it would be highly advisible for you to get formal legal custody. So either way, you should get in touch with the mother.

[ChaangNoi]

The mother lives in Europe and it takes several months in court to get formal legal custody. We have been trying to do this for a few years but she is never here long enough to make it work.
 

My son has the same last name as me.

 

Is there a way that immigration will even know that my son is Thai since he entered on his US passport? He has a very American first and last name.

 

 

Edit: Also if I must get a letter from her, what should it say exactly? Does she just need to be the one to sign it or does she need to make a court document?

Edited December 23, 2016 by ChaangNoi

[inquisitive]

There's a good chance that you'll never be asked, but the authorities are supposed to do so. This is to prevent either parent from stealing the child from the other parent. BTW you run this risk even on the way out of the US. Conceivably it is possible that the child would be stuck in the USA while you sort this out.

I believe there is a weakness in the system in that the letter from his mom does not need to be notarized. Without notarization and an accompanying birth certificate, how can the authorities be sure that the child's real mother actually gave permission? They certainly aren't going to phone her from the airport! (That wouldn't work anyway. How could they know who is really on the other end of the line?)

[ChaangNoi]

I have birth certificate, both passports, and a Thai court document saying I am the father.

 

I understand why there is the rules so no one steals a child, but I'm having trouble sorting out how I should comply. I just do not want to end up stuck somewhere after paying for flights.

 

 

[Shot]

Considering he entered on a US passport, and has the same last name as you in his passport, I don't think it would be questioned. Thai passport yes, big questions. US, I don't think so. However, I can certainly understand not wanting to risk being held up, but I'm not sure what else you can do with the mother in Europe. For all immigration knows, she could be ????? Not really a way for them to trace him to her is there?

 

Can Thai immigration see both passports when they scan the US one?