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My legal rights over my Thai-born son

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asked on Mar 8, 2019 at 22:44
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edited on Mar 21, 2019 at 16:09
 
I would like some advice on my current situation where my Thai wife has (on multiple occasions) threatened to take our 5 month old son away from me and return to Thailand.

Here are the facts in point form followed by a summary of where things stand:

1. My son was born out of wedlock in Thailand.
2. I married his mother in Thailand after his birth and only recently re-registered our marriage in Malaysia. Now in the process of applying for long term social visit pass and also I intend to apply for citizenship for my son.
3. I am listed as his biological father in all of my son's documents. 
4. Initially he carried his mothers family name but has since been legally changed in Thailand to follow my surname, which is reflected in his new Thai passport.
5. I am fully paying for all of his needs 100% and taking care of my wife also, including helping with her house payments in Thailand.
6. It is not a matter of opinion but I can prove that she is an unfit mother but naturally, I would like to have my son grow up with his mother around also. I am able to care for him better as my job allows me enough freedom to do so.
7. I know her situation in Thailand and I do fear for my sons safety if he does go back with her. She does not have the means to provide for him and constantly puts her own needs before my sons.

Sorry if I sound like I am bashing but those are the facts. I know she loves my son but she is a long way from being a mature adult, let alone to be a competent parent.

Now, my wife and I do not see eye to eye in many cases and each there is a disagreement, she plays the emotional blackmail and threatens to take him away from me. After telling her that if she does it again, I would have no choice but to take her seriously, which has happened 2 days ago.

Questions:
1. What are my legal rights given that we are now legally married in both countries (albeit after my son was born)? 
2. Am I breaking any laws if I keep his passport from her for fear that she will just disappear with him back to Thailand?
3. Can I take legal action to keep him here considering he is not yet a citizen?
4. What are my options at this point?

Apologies if I have left out any crucial information but please let me know and I will furnish. I really do need some urgent advice here on what I can do.
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4 Answers

answered on Mar 9, 2019 at 02:41
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edited Mar 21, 2019 at 16:10
 
@Kinkyoreo

7. I know her situation in Thailand and I do fear for my sons safety 
Which Province is she from?
How old are you?
How old is she?
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answered on Mar 10, 2019 at 07:31
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@jeff005

Born and raised in Bangkok. 
I am mid 40s while she is turning 40
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answered on Mar 10, 2019 at 11:00
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edited Mar 21, 2019 at 16:31
 
@Kinkyoreo

My answers to your basic questions:
1.  Your legal right as biological father to a Citizen of Thailand.

2.  No law is broken as this child is an infant and parents are legal custodians to the passport. Your action can be deemed "an act of war" towards your own spouse and further reason for the breakdown of relationship. The child does not need his passport to go back into Thailand, the Thai birth certificate can be used as substitute or any attestations from the Embassy of Thailand.

3.  There is no legal point that you can take to prevent a Thai Citizen from leaving Malaysia. Instead, any acts aggression from you can trigger off a divorce which will result in you NOT having any custodianship of the child. In any divorce, it may even ended up you paying up a lumpsum for the divorce and ended up with a court order that you continue to pay contributions for the house installments for this child in Thailand (If the ex spouse can prove you have the financial ability to do so). Take note that a divorce can take place in Thailand too.

4.  The only best option is for you to pacify her and repair any broken relationship in between. Making threats at each other will exacerbate the poor relationship.

(Caveat: The above article is written by a Q&A register User. It represents a personal point of view and is in no way associated with others in this forum and is not constituted as legal advise)
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answered on Mar 11, 2019 at 23:54
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What your wife is doing to you is called S-h-i-t Testing.

Learn about it and how to respond here

https://www.youtube.com/watch?v=McW99Ls6GEQ&t=547s
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