ScottyG, on Jun 30 2009, 07:16 AM, said:
Sorry, but I think she is a little confused. If the child was born in Thailand, can ONLY have thai birth certificate. Impossible to have a USA one, as you can only be born in one country (impossible to be in 2 places at same time). Might have a USA passport (naturalized citizen), but not a birth certificate. If she has one, I suspect it is a forgery.
Anyway, I would suggest consulting a lawyer, as if he is named as father on whichever birth certificate, he has legal rights, and can have her charged with kidnapping if she tries to leave country without his consent.
Remember, think American law (which protects everybody's rights) not Thai law (which protects the Thai's rights).
I'm not a lawyer, but a couple of misnomers here in the 'close but not accurate category':
1) Any child born to a US citizen, either in US or abroad, is considered a US citizen. He is a citizen from birth, PERIOD. There is no naturalization process or courses to become US Citizen. Of course, the paperwork would need to be filed and probably a blood/DNA test to validate parental claim, but he's a US citizen.
2) As mentioned (and accurate), the child probably has a Certificate of Live Birth from Thailand. Along with that is some documentation in US to validate foreign soil birth of US Citizen. Therefore BirthCert and passport from LOS and Foreign Soil Birth document and passport from USA. **I don't know the name of the document that indicates foreign soil birth of US citizen.
As for the original story . . .
I'm a little bit curious why a TG would have a conversation with Brit about her marriage to an American and her desire to get back to LOS. (Seems to me like a bit of a wind up -- either she wants to pursue potential sponsorship from OP or she wants him to buy plane ticket back to LOS or she is in LOS trying out the next scam. Call me a cynic if you must, but that's how I see it.)
In short, New land+new baby+no job+husband go to work+language considerations=Farang not take care of me and want go home!
If she takes off, the Dad can charge kidnapping of baby and local authorities can appeal to BiB. The problem for her is getting to LOS and clearing customs before he finds out. Even if she lived in LA and therefore able to take the non-stop, we're looking at about 20 hours uninterrupted time without a police search and missing person report??? Given the length of flight and probability of a connecting flight if she is unable to take the Thai non-stop to BKK AND, unless he went on a 2-3 day business trip it's highly unlikely she can make it. She would be caught where ever she transferred planes or at Thai customs at BKK. (More than likely, the authorities will delay disembarkation and grab her as the plane sits at the gate--IOW arrested before she disembarks the plane.) However, if she makes it home, highly unlikely they will do anything because she is the mother and US court of law sides with the mother and LOS will fight extradition.
The only other option for her is to go directly to Thai consulate/embassy and pleads her case along with paid plane ticket. Once she steps foot in Thai gov't. office, she is in Thailand (safe). This is the Hi-So route. Going this route can get expensive and the Thai gov't. doesn't want to referee marital disputes and may relinquish her to local authorities for arrest or advise her to give up the baby. Assuming she isn't Hi-So, my bet is that she can't work this angle and if she was Hi-So, she wouldn't be married and discussing this with OP. She'd discuss with her family and family would make necessary arrangements.
She has another option available to her as the mother of a US Citizen. She won't be deported and can file for divorce (gets custody and alimony/child support) and apply for welfare. (Once she saves enough, she can fly home -- at risk of violating father's visits.)
Unless she has told you directly that he abuses drugs and doesn't take care of her, you have to believe some of this could be lost in translation. Unless he's a trust fund baby or a drug dealer, he won't have the money to pay for her move over unless he has a job. He wouldn't be able to maintain a real job to pay for her if he was always stoned. Furthermore, he wouldn't have gone through the effort if he didn't care for her. IMO, she is lonely and feels abandoned in her new surroundings because she has no social life and he isn't home.
If you are a real friend to her, ask her where she lives and research for a Thai community nearby (temple or college) and forward so she can build a social network. Tell her to work on her relationship and wish her well. If you are not a real friend, leave her alone so she's not encouraged to ruin the life of her baby.
Edited by arbiez, 30 June 2009 - 11:22 PM.