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Do I need a lawyer for guardianship after my son's mother's death?

guardianshipchild custodyparental rightsfamily lawThailandexpat lifelegal advice
Oct 20, 2023
a year ago
John *******
ORIGINAL POSTER
Hey people ned advice mother of son die we not been together since he was 2 he 7 now I had him since 2 he went to England and come back at 4 and a half. We were doing joint custody mother agreed family know ben better with me no contesting. Before sign she passed away I'm on birth certificate and he goes internationally school too paid for next 3 years my question.do I need a lawyer to vet guardianship or not need
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TLDR : Answer Summary
The user seeks advice on whether they need a lawyer to obtain guardianship of their child after the death of the child's mother. They indicated they had joint custody arrangements previously and are listed on the birth certificate, but there are concerns regarding parental rights, especially since they were not married to the mother. The community responds that marital status at the time of birth affects parental rights, and advice is given to seek legal assistance and potentially go to family court to ensure proper guardianship.
John *********
Many of the above answers are correct. If you were married at the time of the child’s birth, you have parental rights if you were not married or have not been granted a court order for legitimation you are required to obtain one. Please contact my Law Firm in Thailand. If you need assistance with the same, I am the overseas client manager and a qualified and practising British and international lawyer here in Thailand with a full, in-house team of Thai lawyers and barrister who specialise in this area.

I hope this assists 

********************


We have been representing the interests of experts here in Thailand since 2006, and operate a nationwide 
a year ago
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Oleg ***********
You need to go family court.
a year ago
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John *******
ORIGINAL POSTER
Thanks everyone I know what I need to do now.
a year ago
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Gregor **********
@John ******
 yes, your mentioning on the birth certificate in Thailand is NOT enough. You will need a court order by the Thai Family Court that you are the legal father. After this, you could actually achieve a longstay permit in Thailand, based on being the father and support of a half Thai child.
@Brandon ***********
 is 101% percent correct
a year ago
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Gregor **********
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Brandon ************
The only thing that matters is if you were married when the child was born. If you were married then you were granted parental rights. If you were not married you have no parental rights and will have to seek them through court.
a year ago
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John *******
ORIGINAL POSTER
Didn't need all this other info
a year ago
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John *******
ORIGINAL POSTER
@Gregor *********
 I'm.fully aware of all.this anyway but I never had any issue my question was do I need a lawyer to do the application in and deal with it for me
a year ago
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John *******
ORIGINAL POSTER
@Brandon ***********
 I would just take him out on his British passport he dual nationality I will never have an issue traveling with him and haven't seen far for 7 years. He has both passport withy last name as if I be question by any country with this document tbh.
a year ago
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John *******
ORIGINAL POSTER
He has an English passport he been registered with England governing body. So don't get what ya talking about tbh
a year ago
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John *******
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Jack ****************
@Brandon ***********
 Brandon this doesn't apply.to.me but I find it interesting. If you are not married when the child is born so they not put your name.on the birth certificate?
a year ago
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Brandon ************
@Jack ***************
 your name can still be on the birth certificate but if you're not married when the child is born the mother has 100% of the parental rights and the father has none until granted by the court.
a year ago
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Brandon ************
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John *******
ORIGINAL POSTER
No pal just makes you biological father on birth no obligation to that
a year ago
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Kev *********
@Brandon ***********
 I'm not sure you're right Brandon. If his name is on the birth certificate I believe he has custodial rights married or not.
a year ago
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Brandon ************
@Kev ********
 if you weren't married when the child is born the birth certificate means nothing
a year ago
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Gregor **********
@Kev ********
 no, that's not enough to be granted parential rights. If for example you wish to change from Extension based on marriage to extension based on support of half Thai child, you need parential rights to be granted by a family court order
a year ago
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Gregor **********
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John *******
ORIGINAL POSTER
Scott Ramsland no wox
a year ago
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Brandon ************
Scott Ramsland wtf does the Hague Convention have to do with Thai legal custody of a child? Thai law is very simple.

If you're married when the child is born and your name is on the birth certificate you have parental rights. If you're not married when the child is born you don't have parental rights. UK law is meaningless to Thailand.
a year ago
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Gregor **********
Scott Ramsland Brandon is 100% correct
a year ago
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Gregor **********
Scott Ramsland i am just referring to the requirements of the threadstarter. He still is in need of a THAI certified custody. His british documents will NOT be accepted by Thai authorities without proper certification of the MfA and a Thai family court order. And Brandon explained the situation correctly.
a year ago
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Gregor **********
Scott Ramsland ok, I respect your comment and that you underwent a different experience
a year ago
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Gregor **********
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Brandon ************
Scott Ramsland he didn't ask about that. He asked about getting guardianship
a year ago
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Brandon ************
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John *******
ORIGINAL POSTER
Never issue traveling with my son never and traveled loads with him
a year ago
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John *******
ORIGINAL POSTER
Scott Ramsland I been to England with my son on my own no issues the only issue come when she tried to take him out of Thailand nes not matching up p.s ben lived in England for 2.5 years with me all register as the father in England anyway
a year ago
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Kev *********
@John ******
 it seems like you have uk passport for your son?
a year ago
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John *******
ORIGINAL POSTER
Scott Ramsland okay
a year ago
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John *******
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Phil ********
Scott Ramsland You've been through this a number of times?

Suggest you choose your women more carefully unless it lies with you.
a year ago
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Phil ********
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