Answered3 years ago
Do I need a lawyer for guardianship after my son's mother's death?
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
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.
26 repliesnewest first
Click comment and we will ask for your email, then OTP, then name.
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 
I hope this assists 
********************
We have been representing the interests of experts here in Thailand since 2006, and operate a nationwide 
Oleg ***********
You need to go family court.
John *******
OPThanks everyone I know what I need to do now.
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 correctBrandon ************
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.
John *******
OPDidn't need all this other info
John *******
OP@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 meJohn *******
OP@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.John *******
OPHe has an English passport he been registered with England governing body. So don't get what ya talking about tbh
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?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.John *******
OPNo pal just makes you biological father on birth no obligation to that
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.Brandon ************
@Kev ********
if you weren't married when the child is born the birth certificate means nothingGregor **********
@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 orderJohn *******
OPScott Ramsland no wox
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.
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.
Gregor **********
Scott Ramsland Brandon is 100% correct
Gregor **********
Scott Ramsland ok, I respect your comment and that you underwent a different experience
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.
Brandon ************
Scott Ramsland he didn't ask about that. He asked about getting guardianship
John *******
OPNever issue traveling with my son never and traveled loads with him
John *******
OPScott 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
Kev *********
@John ******
it seems like you have uk passport for your son?John *******
OPScott Ramsland okay
Phil ********
Scott Ramsland You've been through this a number of times?
Suggest you choose your women more carefully unless it lies with you.
Suggest you choose your women more carefully unless it lies with you.
Activity
8 joined8
people
Related
25What are the best affordable places to rent in Thailand with access to fresh vegetables, kids activities, and restaurants for retirees with grandchildren?
6.9k51963mo
Why was I denied a bank account in Thailand despite having a 5-year DTV visa?
6.2k41925mo
What visa options do I have after getting a Thai girl pregnant?
50.1k31384310mo
What is the current waiting time for visa services in Vientiane?
2k10311y
What should I know before moving to Thailand or the Philippines as an expat?
5k35391y
What essential items from the western world should I bring to Thailand that are hard to find?
18.6k1781421y
What are the best cities in Thailand for expats looking for genuine relationships and a good social scene?
14.2k1001191y
What are the options for phone plans and SIM cards for expats in Thailand?
5.4k44421y
What was your experience with the visa application process in Thailand?
1.4k10121y
Are there cultures where leaving the door open in a cat cafe is acceptable?
22.2k1623122y
What should I do if the bank claims my Non-O retirement visa is a tourist visa?
15.1k1461102y
What is the process for getting a divorce in Thailand if it's amicable?
2.9k20342y
What are the community's thoughts on living in Thailand amidst cultural tensions?
2.8k17293y
What are the challenges and recommendations for a single mother moving to Thailand with children?
9.2k64953y
How can I get smaller Thai baht denominations for daily purchases in Chiang Rai?
12.2k691664y
When was the last time you wore a tie in Thailand?
7.6k56944y
Are there options for expats to renovate rundown properties in Thailand while renting?
6.7k391114y
What Should I Do About Cell Service When Moving to Thailand From the US?
4k27194y
Can I convert a tourist visa to a retirement visa based on marriage without a bank deposit in Thailand?
3.4k30204y
Is there a legal way to obtain a restraining order against a harasser in Thailand?
7k51885y
What do I need for my first 90-day report on a non-immigrant-O visa in Thailand?
1.6k1475y
What are the options for expats in Thailand considering borders reopening and visa renewals?
1.7k13116y
What does "- And everything else" refer to in the context of asking questions about Thailand?
1.8k10177y
Do I need to refile TM30 if I stay an extra night in my old condo?
3427y
Do I need a yellow book to register a car in Thailand as a foreigner on a tourist visa?
1.1k678y
Resources
Need help with your Thai visa?
#1 visa agent · 4,000+ reviews · 100,000+ expats served