I am British. Me and my thai husband have decided to part. We have a 3 year old son. What will happen visa wise. I am on a marriage visa and don't have to go out of the country at all. I want to stay in Thailand as my son is thai. What visa will I have to get?

Any help is appreciated

Early days for replies, and others may know more than me. However, i think there is something called a "Dependant Visa".

That's for starters - see what others say.

Best wishes.

You say your son is Thai - is he not also British? Responders will have to know if child is legally yours and if you will have custody after breakup. At age 3 it will likely require court action. And if all is well financial requirements of 400k in bank account. Normally a child of a British parent will also have that nationality. Your current marriage extension of stay will end so other arrangements will have to be made.

You might also want to post in the ladies forum as believe some there may have experience and be able to help you and will likely not see your post here.

Ladies forum is here http://www.thaivisa.com/forum/Ladies-Thailand-f15.html

I am assuming you are discussing legal custody here, and not parentage since I can't imagine that a mother would have to prove maternity in order to be declared the legal mother of a child.

Since the OP is not actually divorced yet, it seems that she needs to guarantee custody and once legal custody is assured, I believe there is a visa for the parent of a Thai child. There are several male members I know, who do have such a visa. The Thai husband extension would expire upon the finalization of the divorce.

Off topic nonsensical posts and responses to those posts have been deleted. Please do not waste people's time with such posts. Further such posts will result in more formal moderation action than mere deletion.

If you go to the divorce by way of mutual agreement at the amphur believe you can make a provision about the custody of the child. In your case sole custody might be best, as there isn't a clear rule on if you should have sole custody or if joined custody is enough. Different offices might have different interpretation of that. Suspect they at least want you to take actualy take care of the child.

You can also make an agreement about child support. Any agreement should be entered at the time of divorce.

Yes was talking about legal custody or co-custody which seems to be required from previous reports for those under age. The extension of stay is the same as marriage and requires the same financial requirements be met. The visa would be a normal non immigrant O visa - and getting more than single entry could be an issue. Hopefully there may be more leeway allowed but believe the ladies forum would probably have more information on that.

It's always sad to hear that someone's relationship hasn't worked out, so my sincere apologies and compassion for the situation you now find yourself in.

You can change your marriage extension to a dependent extension, but there are financial requirements to meet - and as those of us married to Thai men know, there aren't any for a marriage extension between a Thai man and a foreigner. I think it's 60,000 baht per month you have to show, either in the bank or through pay slips/account deposits.

Did your husband register your son on his tabien ban at the amphur? If not, I don't think he's registered as the father of the baby, and you'll have no problem getting custody. Don't think you have to prove anything other than the fact that your name is on the birth certificate as his mother.

Good luck with it all. Hope it's as peaceful and amicable as possible.

Cheers,
TT

I've been through this as a male who divorced a Thai. You are right in assuming that the day that you divorce, whether it be at an amphur or a court you will lose your right to your non-o extension based on marriage. I recall that I actually technically over-stayed for three months. However, I visited the immigration center for tri-monthly reporting and the kindly immigration officer there advised me to go to Cambodia and come back on a tourist visa.
I then traveled to the overseas consulate at KL and obtained a new non-o based on the child. You will need the birth certificate, and should be able to show some form of income or savings. I also had a legal document stating that I have custody, but not sure that it was a requyired document at the consulate. Once you have used your non-o then you can apply for an extension. The rules for foreign males and females seem to differ regarding many visa issues. But for a male we need to demonstrate the same finances as we would for a marriage visa extension. 400,000. Monthly income or tax documents.
As for changing your current extension from marriage to dependant status in country. I am not sure. You will need to go to the immigration office and ask them.

For a whole variety of reasons, I researched this. My marriage survived the hiccups that were causing the problems (knock on wood...) And I was told that I did not need to leave the country - just needed to come in with all the paperwork to alter the extension.

No need to leave the country.