legal custody of child

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phuketrichard
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Re: legal custody of child

Post by phuketrichard »

.....Talk to a lawyer. I cannot stress this enough. There is no way around it. Hire a lawyer to advice you and follow their advice. :thumb: :thumb:

Stop all payments, stop communicating with her

Collect information and write a story about ur relationship an why you should have sole custody ( had to do this)
Get references as why ur a better parent

This is important, are you planning on remaining in Cambodia or returning to ur country?, a valid reason the child might have a better life, IF ur able to support the child, (are u working, own ur own house, have money in the bank??) an have a strong family relationship
In a nation run by swine, all pigs are upward-mobile and the rest of us are fucked until we can put our acts together: not necessarily to win, but mainly to keep from losing completely. HST
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Kammekor
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Re: legal custody of child

Post by Kammekor »

OP, it's time for a reality check.

You have a kid.
You divorced the mother soon after birth.
Your ex hates you, her family hates you, you even say the want to 'retaliate' you.
You spent money on a useless contract. You spend money on the police to be able to visit your kid. This shows you are unfamiliar with the Cambodian system.

There seems no way you can solve this by yourself, according my (shallow) observations.

The is no way your ex, or her family, will agree with sole custody for you. They hold all the cards, you have none, other than your name on a birth certificate.

Stop wasting money, move on. Stop giving money to the police or your ex, you could support by sending goods as suggested above. The police and (it seems) your ex and her family are abusing you, and you allow this to happen. No judge in Cambodia will see any reason to give you sole custody based on the facts you present. Lawyers might tell it's worth an effort, but they're not in it to get you sole custody, but to make a living. If you want to try sole custody, reserve a certain amount of money and don't overspend that amount. Don't let this drain you financially. Even if you were right (which I think you're not based on what you told so far), being acknowledged as right in court is a totally different story.

Just hope for the kid to start asking questions about you when the kid grows up, but don't set your hope too high. Kids will believe anything their parent(s) tell them.
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Kammekor
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Re: legal custody of child

Post by Kammekor »

engexpat wrote: Fri Aug 14, 2020 10:51 am hi just wondering how do i get legal custody of my child my ex is willing to sign him over to me
I seriously wonder what makes you think she is willing to sign your kid over to you when she's currently (letting them?) charging you 200 bucks to spend 30-60 minutes with your kid.

Wake up, you're unfit emotionally and being abused.
TWY
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Re: legal custody of child

Post by TWY »

Agree 100% with everything in the previous post. Why do you think you should receive sole custody?

If the mother is properly taking care of the child, then there is no case for you to be making.

Does the child have a passport from your home country? And is your intention to move there with the child? If so, then speaking with a lawyer might facilitate some type of agreement to allow you to do that. Just be aware that the agreement will involve money.

Your currently being played for a sap and that will continue as long as your handing over money while begging to see your child.
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Re: legal custody of child

Post by Username Taken »

A lot of speculating and opinionating going on in this thread.

As far as I'm aware, the only poster on this thread who actually has real life experience with 'legal custody of a child' IN Cambodia, is Fax.
Fax has already given his advice based on his own experience.

End of.
engexpat
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Re: legal custody of child

Post by engexpat »

yea i agree with to much speculation the reason why i want my son is that hes not being looked after due to his mum being in the bar her mum working during the day so my son is left with who ever is available in the province to look after him the mother rang me asking for 50 k i told her i dont have but can pay her 10k plus 200 every month till hes 16 she rejected it saying she wants it all in full the next day she ring me asking when am i bringing the 50k while putting my son on the fone crying i asked why is he crying like that i was told by her shes hit him and will continue to hit everyday till i pay 50k she told me she hates him as he reminds her of me and also telling me shes willing to sell him to some1 else i only got this on video call n never got it recorded i tryed getting her to repeat so i would have evidence but she clocked on this is why i want sole custody he should be with a parent not his grand parents she only goes home around 1-2 times a week and we tried joint custody (ie the contract) but she broke that so the only other way is walk away or sole custody as in time i want to take my son back to england for education
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Kammekor
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Re: legal custody of child

Post by Kammekor »

My troll-o-meter just gave up working.
Bubble T
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Re: legal custody of child

Post by Bubble T »

engexpat wrote: Sat Aug 15, 2020 11:33 amputting my son on the fone crying i asked why is he crying like that i was told by her shes hit him and will continue to hit everyday till i pay 50k she told me she hates him as he reminds her of me and also telling me shes willing to sell him to some1 else i only got this on video call n never got it recorded i tryed getting her to repeat so i would have evidence but she clocked on this is why i want sole custody he should be with a parent not his grand parents she only goes home around 1-2 times a week and we tried joint custody (ie the contract) but she broke that so the only other way is walk away or sole custody as in time i want to take my son back to england for education
If everything you've said so far is true, you need someone else to be making decisions for you. I'm not saying that to be insulting, but you need to be aware that your intelligence level is well below average and that you need to let others make decisions on your behalf accordingly.

You are dealing with an abusive ex partner and not recording everything by default. You are borderline illiterate. You didn't have the common sense to hold your shit together long enough to get the three of you back to England and then break up with her. You're allowing yourself to be stolen from.

Again, I'm not saying this to be rude. You might be a really nice person, I have no idea. What I am certain of is that if your child is going to have a good life, it's going to be thanks to to input from a third party. Do you maybe have parents or someone else who you can trust to have the best interests of yourself and your son as their priority?

I hope you sort this all out. It sounds horrible and you have my empathy.
rubberbaron
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Re: legal custody of child

Post by rubberbaron »

As Fax mentioned, a child with a foreign nationality and passport can leave the country. You need to go to your embassy and affirm paternity. This can, however, only happen if the mother agrees as she also needs to sign the affirmation. A foreign-born child can get a Western parent's nationality on application at the embassy and hence a passport. This applies to most Western countries. So you need to check this with your embassy. If the child has your nationality this is a big lure for the mother as this will make it easier for her to get a visa if she has someone to cover the cost though. This is based on my own experience in Vietnam. I didn't bother with local police or any governmental agency. I went through this process myself. Again, it's paramount the mother agrees. i imagine this is similar here. I know for a fact that a former and respected member of this board, now deceased, (forgot his username, he was a U. S. citizen and the owner of Canby Publications) did it this way here in Cambodia.
Bubble T
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Re: legal custody of child

Post by Bubble T »

rubberbaron wrote: Sat Aug 15, 2020 12:46 pm You need to go to your embassy and affirm paternity.
Having already been through the process of getting my son's British passport here in Cambodia, I can say with certainty that the embassy isn't (and will refuse to be) involved in the process at any stage. The whole thing is done through VFS.
It's a pain in the ass and requires a lot of paperwork. I'm not sure if the OP is literate enough to be able to get through it, he will probably need help from friends or family.
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