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What Happens to My Non-O Visa if I Divorce My Thai Wife with a Child?

Non-O Visa Divorce Child Custody

Jul 12, 2020

4 years ago

Jimmy **********

ORIGINAL POSTER

Hi all, I have a Non "O" visa multiple entry. I obtained this being married to a thai national. 

We both have a 2 year old child together (my name on birth certificate).

I wish to divorce my thai wife now here is the question. 

I know that if there was no child involved my Non O visa would be cancelled the minute I sign the divorce papers. 

However we do have a child and I can obtain a Non O visa as a parent of a thai child, so would my my visa be cancelled or just continue as normal?

Thanks in advance.

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TLDR : Answer Summary

The user inquired about the status of their Non-O visa, obtained through marriage to a Thai national, following a potential divorce. They clarified that they have a child together and are concerned whether the visa would remain valid after the divorce. Responses indicate that the visa is likely to remain unaffected by the divorce, although it could be beneficial to apply for a visa specific to being a parent of a Thai child to ensure continued residency.

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Jimmy **********

ORIGINAL POSTER

I won't name name's but another page that I posted on before my post was approved on this page is adamant that when I divorce I will have to apply to the court for full custody of the child to obtain parental rights. I don't want to have to go to court to get full custody as I am a strong believer that the child needs both parents. I Don't want her mum to think I am just wanting to take her baby away from her because thats not the case.

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Tony ********

@Jimmy *********

If a child is "legitmised" by marriage of the father to the mother or by a court, a subsequent divorce doesn't change that legitimisation ie you are BOTH legit parents with equal rights - unless a court changes that situation.

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Jimmy **********

ORIGINAL POSTER

thanks for the reply 🙏

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Jimmy **********

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Tod *********

you need to consult with who ever is helping you with the divorce, and it might need to be written into the divorce decree that you retain parental rights or you get sole custody.

BUT

At this time that has nothing to do with the visa question you asked, your Non-O is fine whether you divorce or not and it doesn't cancel because the reason you used to get it changed

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Tod *********

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Ben ******

I have a Non O multiple entry aswell.

Its based on gardianship of my 5 year old son.

Im not married to his mother but we did have to do to Thai court and make me a legal gaurdian of my son as that is not automatically recognized unless you go to court to do so.

Would ur soon to be ex wife be willing to go to court with you?

My ex was willing so was not an issue.

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Lochlan *********

Love this page learn something new every time I have read thankyou TOD

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Tony ********

Just to round this off, a subsequent marriage to the mother of your child does make you the 'legal' father with full rights.

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Mike ********

that was not my understanding, if a child is born out of wedlock the only way the father gets parental rights is by a court order. It’s not a very complicated process and takes a few meetings. This is the same if your Thai or foreigner.

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Tony ********

Civil and Commercial Code Section 1547 - includes subsequent marriage.

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Tod *********

, believe it or not

is correct.

IF you have a child with a thai woman out of wedlock BUT you subsequently marry her you DO get parental rights just like if you'd had the child while married in the beginning..

The thing is IF you get married to the child's mother there is not really a need to have parental rights as you'd get an extension based on marriage not based on raising a half thai child :/

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Mike ********

New information thanks. I’ve been doing the dependent visa and I find there are a few nuances that are different from a marriage visa that are advantageous.

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Tony ********

As I said,you can subsequently marry. I sought legal advice recently.

@Anthony ********

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Tony ********

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Tod *********

It would appear you were not married when you had your half thai kids, because if you have the children when you're married to a thai the father is automatically granted parental rights.

He can use the children as a reason to get a yearly extension of stay inside the country by showing the 400K baht in a thai bank account in his name only and meeting the other requirements.

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Ben ******

yeah I was never married to her.

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Ben ******

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Tod *********

IF you have a year-long, multi-entry Non-O VISA based on marriage to a thai <- a VISA that you got from a thai consulate in another country (where you bounce out and back every 90 days) nothing will happen to it if the reason you got it (marriage) changes (you get divorced).

You can still bounce in and out every 90 days like normal (once the country opens back up) and get new 90 day entry stamps until the visa expires

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Jimmy **********

ORIGINAL POSTER

thanks. Do you know how to reply for a non o visa as the parent of a thai child once the current visa expires also can this be applied for in the same way at savannakhet? 👍

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Tod *********

@Jimmy *********

, the thai consulates around the area are closed and not issuing visas at the moment due to the countries being locked down because of Covid-19.

The ONLY consulate that will issue a year long, multi-entry Non-O visa based on being the father of a half thai child is the one in Penang Malaysia (OR it did pre-covid) and you need to show 400K baht or the equivalent in a bank account when you apply.

Savannakhet and Vientiane Lao will issue 90 day single entry Non-O only based on a half thai child not a year..

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Jimmy **********

ORIGINAL POSTER

so I need to show 400,000baht or 40,000baht going in to a thai account or go to savannakhet every 90 days?

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Tod *********

@Jimmy *********

Now if you're asking in order to get a year extension from an immigration office based on raising thai children do you need to show 12 months of incoming transfers into a thai bank account in your name only OR bank 400K baht the answer is yes.

BUT I thought you were asking about getting a VISA from a consulate not a yearly extension inside the country

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Jimmy **********

ORIGINAL POSTER

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Tod *********

@Jimmy *********

, nope, you don't show proof of funds at either VIentiane or Savannakhet to get the 90 day single entry Non-O visas. Most people who used to get them would get one, come in on the 90 day stamp, then get a 60 day visit thai family stamp, then go get a new 90 day Non-O, and repeat over and over.

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Jimmy **********

ORIGINAL POSTER

Thanks Tod Daniels most helpful I take it the 60 day stamp for visit thai family can be applied for at jomtein for a fee

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Tod *********

yep, you apply for the 60 day visit thai family stamp at the immigration office that serves the area where you live.

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Jimmy **********

ORIGINAL POSTER

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Jimmy **********

ORIGINAL POSTER

I don't need it yet my current visa expires in March next year so assuming everything iback to normal and open by then is there any place like savannakhet that you can apply for the non o visa without showing funds. Thanks tod

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Tod *********

@Jimmy *********

you can ONLY get a 90 day Non-O based on having thai children from Vientiane OR Savannakhet. They will not issue the year long Non-O

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Tod *********

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