In general the mother will get custody of the children in a Thai divorce. However, it may be possible to challenge this decision if there is strong evidence of abuse by one parent or other specialized circumstances.
A non married father who wants to acquire rights to his child must first register the fatherhood of his child at the local district office (“Legitimization”). Thailand Courts use the “best interest” of the child as their major policy consideration when deciding child custody cases.
Many people assume that child custody in Thailand issues only arise when a married couple divorces but it can also happen between unmarried parents. In either situation, the issue of child support can arise and it is important to understand how this works under Thai law.
The legal system of Thailand mandates that both parents share financial responsibility for their children. Biological fathers are legally obligated to provide child support unless a legitimation case is brought before the court. The amount of child support is based on the needs of the child and the financial capacity of the paying parent.
Normally, parents will agree to a child support agreement as part of their divorce settlement. This agreement will determine the method of payment, the amount of the payments and any other related matters. If the financial circumstances of the paying parent change, it is possible to petition the court to reduce the amount of child support Thailand.
If one parent fails to pay their child support obligations, then the other parent may file a lawsuit to enforce the legal obligation to pay. This is a complex area of law and it is best to consult an experienced attorney to handle such a case. The attorney can help the client through the process to ensure that the financial obligations are met, safeguarding the rights of the child.
In Thailand, child custody matters may be resolved either by mutual agreement between divorcing parents or through a court ruling. This is a complex issue that should be carefully considered and addressed by legal professionals.
In cases of divorce, a family lawyer in Thailand is likely to suggest that the noncustodial parent should have some access to the children through visitation rights. It is also advisable for parents to clearly establish visitation details including frequency, location and duration. This will help avoid any future misunderstandings and non-compliance with visitation arrangements.
When determining child custody, the court will look at the best interests of the child. This is a standard procedure in most western countries as well. This is a policy that will consider a child's lifestyle and social status, as well as their ability to live independently and maintain their mental and physical health.
If a father wants to gain parental rights to his child in Thailand, he must first take action for the child's legitimization. This is a legal process in which the biological father must register his filiation with his child at the local district office. He can then seek joint custody with the mother of his child. However, his 'parental powers' are limited as per clause 1574 of CCCT and he cannot enter into some juristic acts like mortgaging property, creating usufruct or superficies, and renting real estate unless he gets the court's approval.
It is common in Thailand for parents to leave their children with a family member for extended periods of time. This can be an aunt or uncle, brother or sister, grandparent etc. Those that look after the child however do not have parental power unless granted by a court order.
Fathers wishing to obtain rights over their children can file a petition with the Family Court. A negotiation session with a mediator will take place, if an agreement is made it is signed by the judge and holds the same value as a judgment. Otherwise the matter will go to trial and a judge will make a decision. Rights are then registered with the local authority based on the agreed or court ruling.
In addition to establishing parental rights, the Court is also authorized to grant legal guardianship. This allows for an individual who is not a parent to be in charge of an incapacitated person (called a ward). The guardian must perform several duties, including managing the ward’s property and keeping records on the ward.
The Court can terminate a parent’s parental right if very strong evidence is presented that the parent is incompetent or unable to care for the child. This type of case is considered very specialized and should be handled by a lawyer with substantial experience in such matters.
Under Thai law, child custody arrangements are based on the best interests of the children involved. The court will consider a variety of factors such as the parents' relationship, the child's relationships with siblings and extended family members, as well as the impact of any proposed custody arrangement on the child's emotional and psychological adjustment.
The term 'custody' used in Thailand is a different concept than in Common Law countries such as Australia, the UK and the USA. In Thai law, 'custody' is known as 'parental powers' and covers a wide range of rights including control of property, entitlement to veto the issuance of a passport and the right to refuse marriage of the child.
Parents can voluntarily enter into a divorce agreement on how to share their parental powers and set visitation rights. This can also include a guardianship arrangement where a third party will be granted temporary or permanent authority over a child. Thailand is a signatory to the Hague Convention on International Child Abduction so it has processes in place to facilitate the return of a child who has been wrongfully removed or retained from their country of residence.
Fathers can often have problems under Thai child custody laws especially if they are not married to the mother of the child. For unmarried parents, the mother will normally have full parental powers, but this can be changed if legal paternity is established which differs from mere biological fatherhood. This is done through a procedure called 'establishing father's rights' and can be filed either by the father seeking to establish his paternity or by the mother asking for child support from him.