hi just wondering how do i get legal custody of my child my ex is willing to sign him over to me (maybe still in air but i think she will) do i have to go to court to get the papers signed or to the sangkat and also once signed can she take back? im asking this as we had a contract before for joint custody but she basically just said she doesnt want to honour the contract anymore n there not much i can do about that but if she signs full time i want to know that she cant change her mind and take him back off me any knowledge will help thank you in advance

Just bumping this for the OP.

Anyone have any info for the poor bastard?

Sangkat is nothing, custody is decided by the court and even after the decision she can sue for full custody at any time.

The court process is expensive and time consuming even if there is no dispute.

As a general rule, if the child is a citizen of another country it is easier to leave (with her permission). Cambodia has not signed the Brussels II or Hague conventions. Any legal decision made in Cambodia is powerless outside Cambodia unless the foreign court chooses to obey.

A Cambodian child with a foreign passport in a foreign country would never be deported back to Cambodia.

I recommend that you play ball with the Cambodians. Even if it is not convenient, it is the right thing to do.

It took me 3 years in Cambodia and another year in another country. Be prepared for a total Kafkaesque nightmare. Good luck.

I am wondering about this “contract for joint custody”. Who wrote it? Is it witnessed and processed by the court? If not, OP does not have joint custody.

The way I’m reading the OP, he’s not recognized as the father on the birth certificate. That makes things much more complicated and even if he is granted sole custody in Cambodia it may not be enough to prove paternity abroad.

i am on both birth certs and recognized as his father legally the contract was wrote by police and signed by her at her sangkat with police and sangkat as witness but she gave him to me once i gave back she never let me see him again i think they thought i cudnt look after him on my own but i did for two weeks n showed videos and let her video call to him everyday once they realized i will and can carry the contract on they stopped it she blocked me so i cudnt see him on video but magically unblocked me when she realised i didnt transfer the money stated in contract due to the fact she didnt give me him back iv spent over 5k already and just seems like a money pit as everyones sticking there hands out n im going round in circles the only way i can see is if she signs him over to me but even then i worried she can come back and take him off me

If you are written as the father on the birth certificate you have joint custody. There is no need for additional contracts because joint custody is the default.

If you paid somebody for a joint custody contract when you were already on the birth certificate then you wasted your time and money. The fact that you are written as the father on the birth certificate already grants you joint custody.

You have wasted $5,000 on nothing. You may as well just have thrown it into the Mekong river. $5,000 is more than I paid my lawyers for 2 years in court to win sole custody.

Are you sure that you did not sign an agreement to give her sole custody? The only time a custody contract would be written is when a decision was made to change it, and the only time that happens is when one party gets sole custody.

Regardless if you have custody or not, as a biological parent you still have visitation rights. The parent with custody and the child in their care must make visitation as easy and convenient as possible by law. If she is denying you your visitation rights then build your case on it.

With that said, I’m sorry to say but I don’t think that you have much of a case at this point. Having taken care of the child for 2 weeks is not a good enough reason to demand sole custody. You can’t tell the courts that she is neglecting the child for example if the child is literally in her care and doing fine.

My advice is to stop wasting your time with the sangkat and pay a lawyer to handle it in and out of court. You have already spent more money than this would have cost you in court. They’re taking you for a ride...

You have a weak case for sole custody but doing things the right way will save you time and money and increase your chances to win.

i didnt pay 5000 for the contract that was 600 but some to her and hes not only been with me two weeks hes 1 year old in 2 weeks me n his mother broke up 3 months ago before that he lived with me and her since birth now hes in a room in the province which is shared by her mum father 2 brothers and her and her sister shes working in a bar so hes been left with her mum this is why i want to get him as when they need money yes they let me see him but costs me 200 for 30 mins to hour then im told to leave

interms of the 5000 this as been spent on police some money to her, her sangkat and paying just to see him she says i can visit him but only in her province in which when i go they say shit to me have thrown things at me trying to get me to retaliate so that when i do they call the police to get more money out of me

It may not be the ideal upbringing for your child from your point of view but as far as the Cambodian justice system is concerned there is no problem that the child is raised in a shared house with the mother’s family.

It is up to you to prove that you can provide better for the child. You prove this by employment and support. Stop giving money to the mother. If the baby needs diapers, you buy diapers. If the baby needs clothes, you buy clothes. Save receipts. Don’t tuck them away somewhere, photo copy them and build a file.

You need to start collecting evidence. If they are throwing things at you and being aggressive make sure you have it recorded because your word is not important.

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.

Things will not become better. She will not cooperate to sign a contract to give you sole custody. The clock is ticking and you need to set things in motion or it will not happen.

Find out what is reasonable and not. It is not unreasonable for her to offer visitation in the province where the child lives. You do what it takes to get there and visit every week. Tell the mother in advance when you go to see the child and go to see the child. Document everything that happens, record conversations, save receipts and take notes. Communicate with your lawyer and ask for advice. Push.