K-2 Visa help Thailand

[Deanwinchester 11]

Hi I want to know if an illegitimate child needs parental consent or something else. The child is 4 years old and the father is not part of the picture and never has been. 

[Ryan H 3,812]

Moved from K1 Progress Reports to Thailand regional forum.

[Mark and Pooky 11]

My future wife has one son with her thai ex-husband.  They were married thai style, but no official paperwork was filed.  To ensure there wasnt a legal challenge from him trying to extort money, we got a local thai lawyer, who filled in the sole custody form for my wife, and got it back to us in 3 weeks, after getting approval at the district court in her hometown.  Cost was 7000 bhat for lawyer, but that's cheap insurance in the event the ex comes looking to scam you when he finds out the son is moving to another country.

[AC&MH 70]

We are going through a similar circumstance.  It has been frustrating to say the least.  My future wife has a daughter(age 10) from a previous marriage.  She was divorced in 2011 and the girls father has been completely absent from the girls life since that time.  Unfortunately, an attorney was not used during the divorce and my Fiancee simply had her parents to advise her during the process and some things slipped through the cracks.

 

In the Thai divorce document issued by the district office at the time of the divorce(and signed by my Fiancee and the Ex husband) the only reference to the child was in the "addendum".  Regarding custody of the child it, merely says "the female party has the parental power". It says the father will have visiting privileges, which he has NEVER attempted to use, and will pay 2000THB each month in support of the child; which he has also NEVER done.

 

Because the addendum is ambiguous at best, and does not clearly state the mother has "sole custody" we were advised by the Juvenile Court to seek permission from the girls father for her to immigrate to the USA with her mother.  He has steadfastly refused to sign the document necessary to allow the child to immigrate.  After many trips to the District Office and Juvenile Court in Bangkok, in the end we discovered the only option is to petition the court for a clear ruling of "sole custody" for the mother of the child.  Maybe the hardest part of the process thus far was finding a competent and trustworthy Attorney.  We are now midway through the process having already filed the petition with the Court, which they accepted.  We have attended an interview for the child that was required by the Court and now merely await our day in Court next month.  A long process and full of pitfalls, setbacks  and misinformation.  

 

Luckily we have time to get the matter adjudicated.   Hopefully the Court will rule favorably.  While I cannot imagine a circumstance where they would not, you never really can be sure with these things.

  

[Mark and Pooky 11]

On 9/15/2019 at 9:10 AM, AC&MH said:

We are going through a similar circumstance.  It has been frustrating to say the least.  My future wife has a daughter(age 10) from a previous marriage.  She was divorced in 2011 and the girls father has been completely absent from the girls life since that time.  Unfortunately, an attorney was not used during the divorce and my Fiancee simply had her parents to advise her during the process and some things slipped through the cracks.

 

In the Thai divorce document issued by the district office at the time of the divorce(and signed by my Fiancee and the Ex husband) the only reference to the child was in the "addendum".  Regarding custody of the child it, merely says "the female party has the parental power". It says the father will have visiting privileges, which he has NEVER attempted to use, and will pay 2000THB each month in support of the child; which he has also NEVER done.

 

Because the addendum is ambiguous at best, and does not clearly state the mother has "sole custody" we were advised by the Juvenile Court to seek permission from the girls father for her to immigrate to the USA with her mother.  He has steadfastly refused to sign the document necessary to allow the child to immigrate.  After many trips to the District Office and Juvenile Court in Bangkok, in the end we discovered the only option is to petition the court for a clear ruling of "sole custody" for the mother of the child.  Maybe the hardest part of the process thus far was finding a competent and trustworthy Attorney.  We are now midway through the process having already filed the petition with the Court, which they accepted.  We have attended an interview for the child that was required by the Court and now merely await our day in Court next month.  A long process and full of pitfalls, setbacks  and misinformation.  

 

Luckily we have time to get the matter adjudicated.   Hopefully the Court will rule favorably.  While I cannot imagine a circumstance where they would not, you never really can be sure with these things.

  

How did your process turn out.  Were you able to get your "sole custody" document?

 

[AC&MH 70]

18 minutes ago, Mark and Pooky said:

How did your process turn out.  Were you able to get your "sole custody" document?

 

We were able to get a judgement from the Thai Family Court, and my now wife was awarded full custody. It is not a quick process and took about us 90 days because there are timelines involveded as far as notifications to the father and the child had to be interviewed regarding her relationship with her biological father and a report filed with the court.

 

I'm told it can also take far longer that depending on Courts schedule, so we were fortunate in that regard. 

 

As I said previously finding an attorney you can trust and is knowledgeable of the process will be the first difficulty you face.

 

We were told so many times that this was impossible, and at times the process is very frustrating, but it can be accomplished.