Custody issues often arise for married couples with children when they are divorcing or separating in Thailand. They can also affect unmarried parents and individuals seeking to establish legal paternity through a legitimation process.
Prioritizing the child’s best interests and seeking professional guidance are essential steps for navigating custody cases in Thailand. Learn more about the legal framework and various options for custody arrangements in Thailand, with insights from Siam Center Law Group.
Sole Custody
With divorce on the rise in Thailand, child custody issues are becoming more common. While it is best for parents to come to a mutual agreement, there are times when a court will need to be involved.
The Thai courts take a child’s best interests into consideration. They want to ensure that children receive a stable environment that will nurture their physical and emotional well-being. This is why it is important to seek legal guidance when navigating these sensitive cases.
For an unmarried couple, Thai law gives the mother sole custody rights over a child. If the father wishes to gain parental power he must first complete a process of legitimization with the local district office. The process aims to establish legal paternity, which would grant the father custody rights in the event of a divorce. The father would also have the obligation to financially support his child. For married couples, the court may award both parents custody.
Joint Custody
Child custody is a crucial issue for parents. It can be emotionally challenging and legally complicated, especially for a couple going through a separation or divorce. It is important to understand the legal framework and various choices for child custody in Thailand.
Under Thai law, both lawful parents have equal rights and responsibilities regarding their children. However, if the father is not listed on the birth certificate and does not legally recognize his role as a parent through a process called legitimation, full parental powers remain with the mother.
During a divorce by mutual consent or uncontested divorce, the parents can create a custody agreement detailing how they plan to raise their children together. This includes arrangements for visitation and child support. If the custodial parent fails to pay child support, the other parent can take legal action. This is why it is essential to hire a reputable attorney. They can help you get the financial support that you need and deserve.
Visitation Rights
In Thailand, child custody issues can come up for married and unmarried parents alike. Generally, the child’s best interests are taken into consideration when a decision is made regarding a custody arrangement. Depending on the circumstances, one parent may be awarded sole custody or joint custody. In either case, the non-custodial parent still has visitation rights.
Regardless of custody arrangements, both parents are responsible for financial support of their children. This is usually done through a mutual agreement between divorcing parents or ordered by the court.
In the event of a dispute, social workers are often involved in examining all aspects of the child’s life and relationships with both parents. In addition, Thai law requires that a child be provided with food, shelter and clothing regardless of whether or not the parent has custody.
Changing Custody
Custody issues in Thailand are often front and center when a married couple is going through a divorce or even unmarried couples who have had children together. The outcome of these cases hinges on a commitment to prioritizing the child’s physical and emotional well-being throughout any custody proceedings.
Depending on the circumstances, both parents may seek a joint or sole custody arrangement for their children. Regardless of the type of custody, all parents must comply with court orders as failure to do so can result in legal consequences.
For a child born to an unmarried mother, Article 1546 of the Thai Civil and Commercial Code stipulates that the father does not have custody rights. However, the father can petition for custody by registering a legitimation case alongside the mother’s application for a divorce or annulment of marriage. The court will then assess whether the father is suitable to exercise partial or full custody of the child.
