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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
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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.
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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
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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
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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
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Olivia *********
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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
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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
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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
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Jeremy ********
@Stuart *********
 you still don’t have to be married to have custody…
3 years ago
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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
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Jeremy ********
@Tod ********
 thank you for proving my point…you don’t have to be married to have custody…
3 years ago
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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
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Jeremy ********
@Tod ********
 Marrying a thai is out of the question…court sounds way better to me
3 years ago
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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
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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
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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
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Stuart **********
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Stephenie **********
@Jeremy *******
 he has trouble writing correct English JFM
3 years ago
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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
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Jeremy ********
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Wannikea *********
@Tod ********
3 years ago
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Garrett ***********
Interesting. So a foreigner mother, Thai father, in Thailand who would have custody of the child right?
3 years ago
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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
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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
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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
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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
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Frédéric ******************
@Dimitri *******
 read again, the mother can give the sole custody to the father.
3 years ago
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Frédéric ******************
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Giorgio ******
@Olivia ********
 call your lawyer if you want to be " sure"(maybe 🤔🤔🤣🤣)
3 years ago
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Graham ******
@Vyacheslav ***********
 maybe able to advise you
3 years ago
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Olivia *********
ORIGINAL POSTER
@Graham *****
 Thankyou
3 years ago
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Olivia *********
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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
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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
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Olivia *********
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