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BANGKOK 16 October 2018 17:53
CantSpell

Release child custody to the father

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Apologies if that topic is on wrong forum..

Hypothetical situation (or not)..

 

Situation:

French Expat working in Thailand.

Child has French passport.

Mother has Cambodian passport, she has been with me for 11 years and followed me to Thailand 10 years ago.

 

My Daughter is bornt in Phuket with Thai Birth Certificate but cannot get nationality as no parent is Thai National.

 

Wife wants to leave us and go back to Cambodia.

I may have to stay in Thailand to work and keep my daughter with me as the lady cant handle anything with education of a foreign child.

 

Thai law states when not married, the father has no right over the children.

Does it apply also to foreigners?

Since we have never been married, and since the "good guys in, bad guy outs", my daughter is on Student Visa and my wife on "guardian" visa..

 

Can I get my daughter on "daughter of expat worker: Non-B" visa to follow my Visa or do I need my wife to sign a "release form" that she release custody of the child to me?

 

If the latest, where do I do this?

 

Apologies for heavy topic, ask for clarifications if needed 

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Especially when the mother is agreeable, it is possible to have a court legitimize you as the father. Also, with the agreement of the mother, you can then have custody. Once these two steps are done, there should be no problem with having your daughter get an extension of permission to stay as your dependent. Others can provide more details on all this, of which I have no personal experience.

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I have to go to court?

Cant just sign a paper at Police station? 

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Your statement re Thai Law is not really correct. An unmarried father does not automatically have parental rights but he can legally obtain them. However I am not sure this is relevant since the child is not Thai. You need to establish that you are the child's legal parent and that determination comes from the country of the child's nationality.

 

To my understanding under Cambodian law, a biological father has  the same parental rights as if he were married to the mother. I assume you are listed as father on the birth certificate?

 

Has the birth been registered in Cambodia with you listed as father?

 

As Thai immigration authorities cannot be expected to know the ins and outs of Cambodian family law, some sort of official document from Cambodia stating you have parental rights would be helpful.

 

In addition, regardless, you are going to need some sort of legal document from the Mother stating she concurs with you having the child with you in Thailand given that she will not be there. that would be true even if you were married; one parent does not have the right to take (or keep) a child away from the other without their consent.

 

It might be worth considering getting a Cambodian court order giving you sole custody, if you think the mother would agree to that. Not only for the current visa issue but as protection against possible future problems.

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Cambodia is no issue..

Daughter been declared to both French Embassy and Cambodian Embassy within 3 months..

For Cambodia she has a "non expiry" visa until she is 18 years old, no problem..

 

Question is referring to the Thai Visa, how can I bind her to me if the wife leaves us in Thailand

 

Someone at immigration told me once: "you dont need a Visa for her until 18, just show Phuket Birth Certificate" and she can go in but never tried that luck 🙂 

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1 hour ago, CantSpell said:

Someone at immigration told me once: "you dont need a Visa for her until 18, just show Phuket Birth Certificate" and she can go in but never tried that luck 🙂 

 

Well, with a French passport, she can enter Thailand visa exempt without any problem. Also, as a minor, if she overstays, there is no penalty. However, penalty of not, without an extension she will not be legally in Thailand once the initial permission to stay expires. Also, some schools may not take her unless she is in Thailand on a valid non immigrant basis.

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Posted (edited)

Thai custody law is not relevant into this child, as the child is not Thai at all, even the child is born in Thailand

 

The real answer is at the French side, you've shared parental custody even if you're not married to the mother.

That's French law. Any father who recognized a child in less 1 year after the birth, the father enjoy shared parental & custody over the kid.

 

About the Cambodia law, I am not really sure.

 

It's a complex situation, because in the eyes of the French law, you've plenty right over the kid.

If you're less advantaged at Cambodia law, and you bring the child in Cambodia, the mother can keep the child in the Cambodia soil and avoid you leave the kid out of the country.

 

 

Thai authorities, would not like to have problems with that, as long you're providing proof you're the father, they will not make any problems.. Any custody problem will be between French & Cambodian authorities side, Thai authorities would not like to bother about theses problem, they will not care at all as the child have absolutely nothing to do with the Thai Citizenship Law.. and are not their citizen

Edited by DavidJow

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8 hours ago, FritsSikkink said:

How did she get the French passport, looks like you had to proof some link to get one.

 

She is my daughter.. Been declared at French Embassy a month after birth so I have both Thai and French birth certificate.

She is French citizen since she could not get Thai nationality.

Also been declared at Cambodian Embassy so I have a visa with no expiry (until 18 i presume for her).

 

Cambodia is not the issue right now though, I work in Thailand at the moment..

 

So for Thai Visa, after I get my working Non-B visa, i can make a visa for her as my daughter living with me in Thailand without a "release custody" paper from the mother?

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4 minutes ago, CantSpell said:

So for Thai Visa, after I get my working Non-B visa, i can make a visa for her as my daughter living with me in Thailand without a "release custody" paper from the mother?

Yes you can.

As I wrote before immigration has not requirement for it. They don't care about it when she applies for the extension.

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2 minutes ago, ubonjoe said:

Yes you can.

As I wrote before immigration has not requirement for it. They don't care about it when she applies for the extension.

 

All good then thanks.

 

I might then try to get that release custody paper done by French Embassy so Thai and Cambodian authorities have no say about it.. 

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Do get at least a letter from the mother stating you have permission to keep your daughter with you and travel with her. Not a visa issue as such but due to concerns re trafficking you may be asked to produce it by police especially if for any reason flying out of the country or even sometimes travelling within it. A simple letter along with signed copy of mother's passport and or Cambodian ID will do.

Sent from my SM-J701F using Thailand Forum - Thaivisa mobile app

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3 hours ago, Sheryl said:

Do get at least a letter from the mother stating you have permission to keep your daughter with you and travel with her. Not a visa issue as such but due to concerns re trafficking you may be asked to produce it by police especially if for any reason flying out of the country or even sometimes travelling within it. A simple letter along with signed copy of mother's passport and or Cambodian ID will do.

 

Travelling is not much an issue i think, daughter has my name and French passport as I do.

Don't think anyone would ask me why I travel with my daughter.

 

Just preparing for the worst case scenario though where she just abandon us and I have to clear any legal issue for the future... 

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Actually fathers travelling with their own children, absent the mother, DO get questioned and do need a letter from the mother. At least if travelling out of the country. They are concerned re possible parental abduction etc.

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