Custody of children is an important issue for parents who divorce or split up. Child custody Thailand can be determined by agreement or by court order.
Clause 1546 of the Civil and Commercial Code dictates that a father has no rights over his child if he is not married to the mother. However he can petition for legitimation of his child.
Joint Custody
In Thailand, child custody entails both physical and legal custody. A court may award sole custody to one parent or joint custody to both parents. Courts usually favor joint custody arrangements, as they believe children benefit from strong relationships with both parents. Custody decisions are based on the best interests of the child, and factors such as the emotional ties between the parents and the children, each parent’s health and financial capabilities, and any history of abuse or neglect are considered.
Fathers of children born out of wedlock can gain custody rights by registering the father’s legitimacy with the local district office. This process is known as “légitimation.” Once the father’s legitimation has been approved, he can seek sole or joint custody of his children.
Parents can also mutually agree on custody arrangements without the intervention of the courts. This agreement should be documented and submitted to the court for approval to ensure it is legally binding.
Other factors that a court will consider when making a custody decision include the child’s age and personality, each parent’s ability to provide a stable home environment, and whether either parent has previously been found guilty of domestic violence or substance abuse. A court may also award guardianship to a third party if it is in the child’s best interest.
Sole Custody
Under Thai law, sole custody is called “Phaed pthong” and gives one parent exclusive rights and responsibilities for the child. This includes the power to make decisions about education, healthcare, religion and welfare issues without the other parent’s approval. One parent also has the right to veto the issuance of a passport and the power to withhold consent for marriage.
It is important to note that in Thailand, the court takes the best interests of the child as its major policy concern when making a decision for custody. Gender is not a factor in custody proceedings unless it negatively impacts the child’s wellbeing. The court will examine the parents’ behavior, social worker reports and other relevant evidence when making a decision. Custody can be revoked if a parent is found to be incompetent or engages in misconduct while having custody.
It is worth mentioning that when parents divorce in Thailand it is common for them to reach an agreement on their parenting arrangements. In most cases the agreement is then registered with the court and becomes a legally binding judgment. In some situations, a settlement can be reached through mediation sessions. This can help couples to come up with an arrangement which is suited to their situation. However, if the parents can’t agree then a trial will take place in front of a judge who makes a decision.
Shared Custody
Although Thailand’s family court system does not recognize joint custody as a common practice, it is possible to obtain sole custody of your child by presenting strong evidence to the judge. Family courts will look at the best interests of the child, as well as the parents’ behavior and ability to care for the child. The Observation and Protection Center (OPC) evaluates parents and children for a thorough report to help the family court make the best decision for your child.
The mother usually has sole custody of the children in a divorce case. However, a father can get full custody rights by proving his legal paternity. A biological father can file for legitimation of his child if the mother has not married the child’s birth father, and he can also apply for joint or sole custody.
Whether you are seeking sole or shared custody, it is important to have the guidance of a lawyer who is experienced in this sensitive issue. Our attorneys have handled a wide range of child custody cases, and we will work diligently to ensure that your family’s needs are met. We can provide expert advice on the current laws in Thailand regarding child custody, and we will guide you through the entire process from start to finish. Contact us today for a free consultation about your case.
Visitation Rights
Child custody is often debated in divorce cases in Thailand. It can also arise when there is a death of one of the parents. It can also be contested when one of the parents is unable to take care of their children due to illness or employment issues.
A custody dispute can be settled by mediation, negotiation, or a court hearing. The court takes into consideration the best interests of the child in its ruling. In most cases, the court will award joint custody to both parents. However, the court may award sole custody to a parent if the judge determines it is in the best interests of the child.
The mother usually gets primary custody of a child in Thailand. This is because the court is conscious that a woman plays a more important role in nurturing children, especially when they are younger. It is difficult for fathers to obtain custody rights in Thailand unless they can prove their legal paternity. The process of legitimization can be costly and lengthy. Consequently, it is highly advisable that non-married fathers who want to obtain custody should be legally married to the mother so they can be considered as lawful parents.
It is important for foreigners to seek legal assistance when they are involved in a custody case in Thailand. This will help them understand the laws in Thailand and ensure they have a fair chance of achieving their desired outcome.
