Child custody is a major issue for a married couple going through a divorce. It is usually decided by the judge in the divorce in Thailand case.
In Thailand, the mother has sole legal rights over her child. A father who wants to gain parental and custodial rights must register the legitimation of his child with a district office.
Sole Custody
The Thai Family Law stipulates that both parents have equal rights in custody of their children. However, this equality can be changed by a court decision such as in the case of a contested divorce.
If a mother has sole custody, the father cannot obtain custody of his child. If he wishes to obtain custody of his child, the father has to register a legitimation of the child with his local district office and must have the mother consent to this process.
If a father wants to obtain parental and custodial rights, the most suitable way is through a legal marriage to the birth mother. This will establish his legal paternity and give him custody rights. Nonetheless, it is worth noting that this is far different from simply being the biological father of the child. It also means that he may have to pay Thailand child support. In any event, a lawyer is highly recommended when dealing with these issues.
Joint Custody
The legal term custody is used in Thailand to describe the physical guardianship of a minor child, and also the parental powers that accompany it. The law stipulates that a child is subject to parental power until the age of majority, and is not a sui juris (a legally recognized person).
For a father who is not married to the mother of a child to acquire rights over a child under Thai law he must first legitimize it, according to article 1547 of the Civil and Commercial Code, by registering at the local district office. The mother must consent to this action.
Child custody disputes are often highly emotional and complex, requiring the utmost care and attention from both parties and their lawyers. Chaninat and Leeds’ Thailand family law attorneys have years of courtroom and counseling experience in all aspects of domestic and international family matters, including child custody cases. We can help you navigate the complexities of these situations to ensure your and your child’s rights are protected.
Legitimation
The father of a child can acquire custody rights to his child in Thailand by petitioning the law court for legitimacy. This process establishes the legal paternity of a child in Thailand and allows the mother and father to reach an agreement on joint custody. Under Thai law physical custody of a child can be exercised alternatively, for example one semester with the mother and another with the father.
The father can also legitimize his child in Thailand by registering with the district office. This process requires consent from the mother and the child. However, he is still not legally obliged to financially support the child. If the father subsequently discovers that he has not registered legitimation with the court, he can bring an action against the registrar to disallow the registration. This action cannot be brought after ten years from the date of registration. In both situations the courts consider the “best interest of the child” as the main policy concern.
Court Decision
In Thailand, the judge in a child custody case will make a decision based on what it judges to be in the best interests of the child. This is a standard that is similar to that used in most Western jurisdictions. The court will also use social worker reports in making its decision.
For a married couple, the distribution of custody and parental authority will be set out in their divorce agreement (uncontested divorce). If the divorce is contested then this matter will be decided by the judge.
If a father does not marry the mother of his child and does not register legitimation, he has no legal rights to the child. However, he may still try to prove that he is the biological father by applying for legitimation in court. It is also possible for a parent to be disallowed from exercising their parental powers, if the judge believes that they have abused their power or that it would not be in the best interest of the child.
