Reverse sole custody of child

[TomFon 0]

Hello Everyone, has anyone had this situation before? My wife from Thailand is here now in the USA under K1 visa. She had a child with another American farang years ago when she was young and never married to him. During the time of their breakup, the biological father got her to sign some papers to give him sole custody of the child as she figured he would have a better life with him since of course she didn't have enough money to raise a child. Now, she is older now and has money to take care of him properly. She wants to get sole custody of the child back so we can take care of him here in the USA. Has anyone ever done this by winning it back and what was needed?

 

The child has a US passport but he mostly stays in Thailand for school and his father pays a nanny to take care of him which he goes back and forth to visit. The father won't allow us to have share custody so we can't go that route.

 

Any helps appreciated!

 

Thanks,

Tom

[RobyG 1]

What is the Thai jurisdiction ? or Thai province where birth right father was given sole custody ?

You will have to go consult the family court office there.  They will tell you what to do and how to file a share custody grievance !

Always it is about what is best for the child in courts.

 

I have a young daughter in Bangkok and have issues with my ex gf about the kids, so I know what you guys are going through.  

a good read here about child custody in Thailand !

 

https://www.stickmanbangkok.com/readers-submissions/2008/11/child-custody-in-thai-family-court/

 

 

[TomFon 0]

Hello RobyG,

 

Thank you for responding! The Thai jurisdiction is Pattaya / Chonburi. Great, we will look for the number to contact the family court in Pattaya. Hopefully they will be able to tell us on the phone as we are in the USA. Do you know if we can fight for sole custody instead of share custody? The father does not want to share at all and I think it is best if we fought for sole custody.

 

My wife situation is a little different than the article provided but it does have good information. Thanks! I guess it is the reverse where the Thai girl wants the custody back instead of a Farang wanting custody from a Thai girl. Do you or anyone else know if it is possible to get the custody back after signing documents that got recorded with the courts years back in Thailand? Any lawyers to recommend over there?

 

Hope your situation comes out good too, RobyG. Good luck!

 

Thanks,

TomFon

[RobyG 1]

Tom

 

Usually Thai family courts will always see what is in the best interest for the child's welfare. With many years gone by and growing up with grandma or auntie in a small Thai village they may question a disruption in child's lifestyle.  Partial visitation is a reasonable judgement and a start as the child may not even know your side.  

I would call the Chonburi court and see if they have original case documents on file or microfiche, then obtain copy.  

Then ask them how to file either partial or full custody proceedings.  I would do all the case document footwork myself before paying any family lawyer yet. 

Get to know the child again and the family side there.  You don't ever have to pay anybody anything for child visitation your wife is the natural mom. 

Does mom have hospital and birth registration records ?  does mom have any paper work signing full custody over as unwed mother ?  

the child wasn't let for adoption to him ?  what in the Thai court document stating care and responsibility goes to ?

mom had hardship what kind ?  see the court docs first and may you can make weak case of them  

you may find that the court docs are weak or that there was never one filed ?  just a family agreement to take care 

who has Thai Family registration book ? all families have this book or at province court house

 

Don't let anyone extort you guys !  with children and divorce its the 3 E's -  Endearment !  Extortion ! and Estrangement !  and both parties do this psychologically and financially to each other ! and anyone in family party smelling money trails ! 

 

Be careful many fake lawyers and agents may not even be registered with Thai Law Bar, especially in Pattaya they will either nickel and dime you or go for a hi so rip off to take your case then disappear with your money. Check Thai Law Bar association for current registration and any complaints or disbarment about so called lawyer first.

Don't ever be scared or overwhelmed by Law Firm BS, you hire them and you interview them , and you Fire them if they not performing to your expectations.  

All courts anywhere have legal case file paperwork and judgement proceedings !  its better to find and ask council from a Thai Family Court Judge in current registration !  

 

Go do your footwork through Thai courts first.  Wait and be really be patient.  Don't spend a cent on anything !  Does mom know what family takes care of child ? 

Dad pays nanny to take care and it will disrupt this care taker lifestyle as well.  Things aren't easy with child welfare, but the Thai Courts may help you resolve some issues.

This is a long term commitment so wait and be patient !  If the child is of legal age, maybe 15 years in Thailand they can make decision for themselves who to live with.