thailand
Ask question

Do I need custody papers for a NON-O visa extension in Thailand if I am a foreign mother?

NON-O visaThai child custody lawsforeign mothervisa extension requirementsparental rights in Thailandchild custody documentation
Oct 17, 2021
3 years ago
Olivia *********
ORIGINAL POSTER
Do I need Papers confirming sole custody over Thai child for the non o year extension if the mother (me) is the foreigner. I believe I read elsewhere thai law grants the mother legal custody. Hard to find the right info as everything is aimed at the father being a foreigner but I know requirements differ.. any info appreciated thanks
1,478
views
3
likes
52
all likes
28
replies
0
images
7
users
TLDR : Answer Summary
The user inquires if a foreign mother needs to provide custody documentation for a NON-O visa extension in Thailand, given that Thai law generally grants custody to mothers at birth if the parents are not married. Various comments discuss the implications of custody laws for foreign mothers, the need for documentation, and the best course of action, including consulting with immigration authorities.
NON-O RETIREMENT VISA RESOURCES / SERVICES
  • Go to the Retirement Visa Section for information on requirements, including age restrictions, financial requirements, and necessary documentation.
  • For immediate assistance, contact Thai Visa Centre directly via LINE at @ThaiVisaCentre or Email them.
  • Explore recent discussions by using the Non-O Retirement Visa tag in the search box at the top of the page.
  • Join the Thai Visa Advice Facebook Group to ask your questions, and get advice from others.
Lawrance **********
Immigration are definitely the best to ask, but for your own security I would definitely get the father to sign a standard legal document ASAP - he is liable if you push 4childsupport. really don't think it's expensive.
3 years ago
Like
Reply
Tod *********
That is an interesting question (and one that doesn't come up all that often) 😮

The thai law is clear though, in cases where the couple is not legally married 100% of the parental rights is automatically given to the mother when the child is born. The fact the father has his name on the birth certificate or that the child gets a passport in the father's nationality does NOT confer any parental right.

Now the million baht question IS

Does that law hold granting parental rights to the mother when a child is born out of wedlock even when the mother is a foreigner?

That question is far above my pay grade (meaning I honestly don't know the answer).

BUT

there is a 'secret' or 'private' f/b group called something like "farang women with thai boyfriends" AND their members routinely read the visa advice groups to find other members. Hopefully one of them has read your post and already messaged you to join their group
3 years ago
Like
Reply
Olivia *********
ORIGINAL POSTER
@Tod ********
 yes I’m in both of those groups… and have asked there. Looks like the document isn’t needed in the case of a foreign mother. We will call immigration to double check too and hope they can help. Thanks so much
3 years ago
Like
Reply
Reply to
Olivia *********
Reply
Benjamin ******
Let's ask an easier question:

Were you married to the father of the child at any time the child was alive?
3 years ago
Like
Reply
Jeremy ********
@Benjamin *****
 why does that even matter…you give vague responses with no information at all…if the child is on a birth certificate with both the mother/father name marriage does not matter
3 years ago
Like
Reply
Stuart **********
@Jeremy *******
 incorrect, certainly in the case of the father. A birth cert with the father's name on does not confer any parental rights to the father. The OP is wondering if this is the case also for the mother.
3 years ago
Like
Reply
Jeremy ********
@Stuart *********
 you still don’t have to be married to have custody…
3 years ago
Like
Reply
Tod *********
@Jeremy *******
 without any doubt there are only TWO ways to get parental rights granted for a foreign father of a half thai child born out of wedlock. (actually there are 3)

1 - file a petition in family court to be recognized as the legal father and get granted parental rights (usually takes between 4 and 6 months to get thru the courts on an uncontested case before the decree is granted

2 - IF the child is old enough (age varies by Amphur at between 6 and 8 ) you can go to the amphur and get parental rights granted there

And method #3 - marry the thai mother of your child and parental rights are automatically granted
3 years ago
Like
Reply
Jeremy ********
@Tod ********
 thank you for proving my point…you don’t have to be married to have custody…
3 years ago
Like
Reply
Tod *********
@Jeremy *******
 but you DO have to go thru one of the two processes I outlined in my post to get it as a foreign father of a half thai child. and without that court decree or the paper from the amphur you can't use the child to get visa or a long term extension issued inside the country. The only one you can get is just a 60 day visit family extension (and that's issued once per entry) 😉
3 years ago
Like
Reply
Jeremy ********
@Tod ********
 Marrying a thai is out of the question…court sounds way better to me
3 years ago
Like
Reply
Tod *********
@Jeremy *******
 most of that time in family court is waiting for the interviews to come up, then waiting for the decision then waiting to get the decree issued. It's mostly a file and wait process which especially when the child's mother doesn't have anything against it is pretty straightforward
3 years ago
Like
Reply
Jeremy ********
@Tod ********
 it’s the same way in the entire world…straight forward in court as long as 2 parties concur on it…if they disagree it takes forever…this is true in every country that has courts
3 years ago
Like
Reply
Stuart **********
You don't but if you were married at the time of birth it would be automatically granted so hence the question
3 years ago
Like
Reply
Reply to
Stuart **********
Reply
Stephenie **********
@Jeremy *******
 he has trouble writing correct English JFM
3 years ago
Like
Reply
Jeremy ********
@Stephenie *********
 we can all see that…but he has a big ego since he’s a mod in a group so he has unlimited powers of banning people across all groups…the only other tyrant I knew who did that was run out of Pattaya for being a McScamee
3 years ago
Like
Reply
Reply to
Jeremy ********
Reply
Wannikea *********
@Tod ********
3 years ago
Like
Reply
Garrett ***********
Interesting. So a foreigner mother, Thai father, in Thailand who would have custody of the child right?
3 years ago
Like
Reply
Olivia *********
ORIGINAL POSTER
@Garrett **********
 one of the visa extension requirements is a paper stating I’m the legal guardian. I know this is needed in the case of a father applying for the extension, but usually thai law says the mother is given the custody. So is the paper needed when I am the mother but a foreigner? Hope that makes sense 😂😂
3 years ago
Like
Reply
Frédéric ******************
@Olivia ********
 in case of unmarried parents "To legitimize a child, the father has to register a legimation of the child in Thailand with the local district office. then the registration allows the father to have the joint custody or sole custody over the child upon the agreement between the father and the mother of the child."

I guess you should get a paper from the district office stating that the father hasn't register such a legitimation.

***********************************************************************
3 years ago
Like
Reply
Barry *******
@Frédéric ****************
 this first has to be registered at the juvenile and family court.

I have just recently done it.

I got a non O extension without it last year. My partner was involved in the application.
3 years ago
Like
Reply
Dimitri ********
@Frédéric ****************
 But the mother already and always has custody. The father can get it, but he having it doesn't say anything about the status of the mother.
3 years ago
Like
Reply
Frédéric ******************
@Dimitri *******
 read again, the mother can give the sole custody to the father.
3 years ago
Like
Reply
Reply to
Frédéric ******************
Reply
Giorgio ******
@Olivia ********
 call your lawyer if you want to be " sure"(maybe 🤔🤔🤣🤣)
3 years ago
Like
Reply
Graham ******
@Vyacheslav ***********
 maybe able to advise you
3 years ago
Like
Reply
Olivia *********
ORIGINAL POSTER
@Graham *****
 Thankyou
3 years ago
Like
Reply
Reply to
Olivia *********
Reply
Garrett ***********
@Oli***
 I would assume the birth certificate would be enough. That's probably the route I would go down. Let's see if someone else in here knows different though.
3 years ago
Like
Reply
Olivia *********
ORIGINAL POSTER
@Garrett **********
 I agree. Have both British and Thai birth certificates, but I know in the case of the father being foreign it definitely isn’t enough. Yes let’s see.. Thankyou
3 years ago
Like
Reply
Reply to
Olivia *********
Reply
Thai Visa Advice and Everything Else
... members · 60% approval rate
The Thai Visa Advice And Everything Else group allows for a broad range of discussions on life in Thailand, beyond just visa inquiries.
Join the Group
Thai Visa Advice and Everything Else
View the Conversation
Thai Visa Advice and Everything Else
Is a child's legalized birth certificate required for a NON-O guardian visa 1 year extension in Thailand?
1 comments
7 months ago
How can I obtain a 12-month visa as the father of my child in Thailand without hiring a lawyer?
332 comments
10 months ago
What documents do I need for extending my Non-Immigrant O visa based on having a Thai child?
3 comments
a year ago
What visa options are available for a foreign father of a Thai citizen child?
29 comments
a year ago
What are the requirements for a Non-O visa extension based on having a Thai child?
16 comments
2 years ago
Can a foreign father obtain a one-year visa extension based on his half-Thai children when their mother is not in the family?
21 comments
3 years ago
What visa options are available for a British mother with a Thai child in Thailand whose marriage visa has expired?
23 comments
3 years ago
What documents are needed for an extension of stay in Thailand based on having a Thai child while on a NON-O visa?
17 comments
4 years ago
What are the requirements for extending a Non-O visa for taking care of a Thai child in Chiang Mai?
11 comments
4 years ago
Can I apply for a Thai Non-O visa for caring for my half-Thai child without my ex-girlfriend's signature?
24 comments
4 years ago
What Are My Options for Visa Extension with Parental Status in Thailand?
13 comments
4 years ago
Can I Extend My Non-Immigrant O Visa in Thailand and Ensure Guardianship of My Child?
7 comments
4 years ago
What Are the Requirements to Obtain a Non-O Visa Based on Having a Thai Child Without Marriage?
6 comments
4 years ago
What Documents Are Required to Extend a Non-O Family Visa in Thailand?
6 comments
5 years ago
Is there a visa extension for non-Thai parents raising their foreign child in Thailand?
3 comments
5 years ago
What is the process for applying for a Non-O Visa for dependent children in Thailand without marriage or custody papers?
13 comments
5 years ago
What extension options do I have for my Non-O visa based on my children, and do I need specific documents?
12 comments
5 years ago
What are the requirements for extending a Non-O visa for dependency on children in Jomtien?
21 comments
5 years ago
What are the challenges in obtaining a non-O dependent visa extension for teachers in Thailand?
37 comments
5 years ago
How do I apply for an extension of stay in Thailand based on parental custody of a half-Thai child?
0 comments
5 years ago
What are the visa application options for my child while I wait for my 1-year extension in Thailand?
0 comments
5 years ago
Can I get a 1-year extension of stay with a Non-O visa based on having a Thai child who is not my spouse?
30 comments
6 years ago
Can a foreigner extend their Non O visa for one year based solely on having a Thai child?
0 comments
6 years ago
Can I extend my NON-IMM-O visa to a guardian visa in Thailand as a foreign mother of a Thai child?
25 comments
7 years ago
What documentation should I bring for applying for a Non-O visa as a custodial parent in Thailand?
12 comments
7 years ago
Data protection policyTerms and conditionsDisclaimerPrivacy policyRefund policy
The asq:thailand community, consisting of multiple Q/A groups with over 100,000 members, powers this platform. It is not an official government resource. Our members actively contribute to this resource, and while we strive for accuracy, we cannot guarantee its complete reliability. Assistance to travelers is provided as a community service.