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What are my rights as an unmarried father. USA


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Posted

Here's the deal. I planned to marry my sons mother in the next month as she is in the US on a fiancé visa. However, I can't do it. We can't make it work. 

 

What rights do I specifically have for my son? He is a US citizen and holds both a US and Thai passport. my name appears on his US citizen born abroad birth certificate. 

 

They both arrived together about a month ago. I've tried to make it work between the mother and I, but it's never gonna work out. 

 

She will undoubtedly over stay her visa. 

 

I need to to know what my rights are for my child. I love him and do not want him to return to Thailand under no circumstances. Now that he is here, do I have to let him go if she decides to return to Thailand, or over stays her visa and is then deported?

 

I'm very upset right now with the way things are going and need some advice... should I contact a lawyer? If so, what type of lawyer?

 

Regards,

Posted

As much as it pains me to say it, but contact a lawyer right away and find out. This is too important of a situation to depend upon Internet message boards for advice

The child's age, education, language will all play a part in how the law will work for or against you

Fortunately what is best for the child's welfare is usually the main mover in regards to these cases in US court's, yet maternal rights are still a large factor

Good luck

Sent from my Nexus 5X using Thaivisa Connect mobile app

Posted

I will sum up the rights and obligations both of you have in this situation.  Quick definition: rights are something you or her can demand and people in blue carrying guns will force the other party to comply and obligations are where those people carrying guns will force YOU to do whatever it is the other party wants.  Now then...  You have the obligation to pay her mandatory child support for the next 18 years (minimum) and 26 years if the child decides to go to college.  She has the right to demand you be put in prison if you cannot make the payments.  She has the right to take you back to court every couple of months to demand more money while you have the obligation to pay her attorney fees in any dispute moving forward.  You have the right to take her back to court again and again at your own expense to demand the right to see your child while she does NOT have any obligation to comply with the court visitation orders because she's a poor defenseless woman etc. etc.  She has the right to demand you pay for her stay, green card, etc. while in the U.S. because you brought her here while you have the obligation to pay all her bills.  She has the right to take your child back to Thailand while you have the obligation to continue to pay child support to some company (like Maximus) who will forward a continuous stream of your money to her back in the kingdom.  And Maximus has the right to demand you be put in jail if you stop paying for any reason even if they never forward one dime back to her.  

 

Now the important part... she doesn't know (yet) that she has all these rights and you have all these obligations.  She *will* find out though and in short order when you are billed for the cost of her translator who will explain in Thai all the goodies that she can demand from you essentially forever. Your best bet is to offer her an insane amount of money *right now* in exchange for her leaving you your baby and signing over custody.  Unlike you, a woman can simply drop off a baby and have no responsibility to the child (no child support required) and all she does is sign a contract.  Get a lawyer to get her to sign over custody, pay her the stupid amount of money your promised, and get her the hell back to Thailand.  If she stays in the U.S. she will immediately demand the return of "her" child and the court will comply and the money you paid her will be used to shame you in court (but she'll keep it).  Get a lawyer, make her an offer, get your kid, and get her out of the country.  Then you need to move to another state... don't make it easy for her to find you as she can come back and sue you at any time (and she will win) for the return of her child which will trigger child support for eternity AND back child support for the time she was away 

Posted

Try offering money to let you care your son ,talk with her and try and convince her that the life you can give him will be better ,offer her a small monthly allowance when she back in Thailand ,you can always stop giving then if you want ,unfortunately men haven't got the same rights as women have .start gathering evidence against your sons mother to show she is not as good a parent as you but do it without her knowledge,it's better to try work this out between the 2 of you before lawyers get their hands on the money 

Posted

Go to a lawyer that specializes in immigration matters and find out what everyone's rights and obligations are in this situation. 

 

Retain and pay the lawyer if you feel comfortable with him/her. 

 

Dont  pay attention to people on here giving their amateur opinions. The advice that you receive is worth what you pay for it. 

Posted

If it is not going to work with her after only one month. It means she already has another guy in the USA. She used you

and the kid to get into the States. Cut your losses now. Good luck.

Posted (edited)
4 hours ago, bangon04 said:

If they are both in the US already, surely she has more rights than you do......

Yes and here is where it can get nasty. Taking a woman out of their native country back to yours and with a child really makes the financial S**t more binding. I am sure by now someone has filled her in on all the rights she has in the good ole USA. I speak from experience. 

Edited by elgordo38
Posted (edited)

Thanks for the advice guys. 

 

I went to Thailand in 2010. I spent four months with her. Then went  back in 2011 and spent three months with her... That's when she got pregnant. I've been trying to convince her to come here so my son can be here ever since. 

 

I wouldve cut ties with her in 2011, but she got pregnant. I have zero feelings for her other than she's the mother of my son. 

 

It sucks being in the same house with someone you dont like. 

 

I love my boy though!

Edited by pawheel
Posted

find a good divorce lawyer, research most advantages states and counties find a lawyer their. her English is limited use to your advantage tell the lawyer to scare her shitless, jail time, deportation ,illegal entry , false intentions everything. get total custody sign away any futures and present payments pay hard otherwise this will cost you a lot. good luck she is on our turf now <deleted> her like they would <deleted> you if you were in thailand.

Posted (edited)

Remorhaz seems to know what he is talking about. if she finds out her rights you are indeed in deep poop.

 

Edited by Caca4u
Posted
1 hour ago, louse1953 said:

So you want to over ride the mothers love for the child and their return to Thailand.Your rights are better than her rights,is that what you are saying.

HA HA HA!!!  A Thai woman does not have any love greater than a large amount of Baht (dollars, euros, yen ... pick one).  We are trying to save a man who has made a very bad mistake and is about to be steamrolled by the American legal system.  He can either pay a fortune now or 20 fortunes over the next 20 years with prison as a likely consequence.   *No* I don't think his thai bar girl is the moral equivalent of Mother Teresa or that she has any loyalty other than to herself.  She wants money and she'd sell out anyone and anything for it - the crime of which you speak is to get her to accept a worse deal financially (not that she will perceive this) that will hurt far fewer people rather than destroy her son and her former husband.  

Posted

Really Sad!

 

No doubt you tricked her. 

 

I feel so sorry for her being in a foreign country and you manipulated her to get her there, so you have a chance of stealing the child. . 

 

If she fights you, which I hope she will (or more like has the ability to do so) I hope she does. I hope Immigration listens to her case on an Overstay and supports her, with your money.

 

I have no advice for you except I hope you loose. As a Master of Manipulating people you don't deserve your Son, or would be a good example for him.    

Posted

You have the right to remain silent. Anything you say now may be used against you in a court of law ... Grab the child and run far, far away. Disappear into the Ozarks or Montana or similar.  Get a new identity.

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