Children need to know that physical and emotional abuse are never acceptable. Parents must teach their children to express their fears and get help when they experience abuse.
Fathers have equal rights and responsibilities as mothers to their children in Thailand. However, a father will not receive custody of his child until he is legally recognized by the court through a process known as “legitimization”. A father can legitimize his child by submitting a declaration to the local district office (amphur). The mother and child must consent to this application.
Child Custody in Thailand
When a child is born to parents that are not married the father does not automatically have legal rights. To obtain these rights the father has to go through a process called legitimation.
Once a father is legitimated, he can then file for custody with the courts in Thailand. Custody of the child is based on a court decision, which will take into account the best interests of the child.
The judge will consider the parents’ ability to care for the child and can also choose to appoint a third party as the guardian of the child. It is important that you have a good Thai lawyer who has experience in dealing with these types of cases.
The Family Court of Thailand judges child custody Thailand based on the best interest of the children. They will examine the social and psychological issues surrounding the case as well as conduct interviews with both parents and the child.
Child Legitimization
In Thailand, a child is not automatically the father’s legal child simply because his name appears on the birth certificate. To establish paternal rights, the father must undergo a process called legitimation.
This is a process that is complex and time-consuming and requires a lot of documentation. The mother can oppose the father’s application by saying she does not give consent. If the mother and child do not appear before the Registrar within 60 days (or 180 if they are outside Thailand) to express their consent, it will be presumed that they do not give consent and the father cannot use his parental rights.
Children who are legitimated have equal legal rights and responsibilities as children born of married parents, including inheritance rights and the right to use their father’s surname. In addition, they may also be eligible for citizenship and passports if their father is a foreign national. It is important that they have access to education, healthcare and other social services.
Father’s Rights
Fathers in Thailand have rights, but only when they can establish legal paternity by registering with the local district office. This can only be done if the mother consents to the legitimization process. Otherwise, the father has to petition the court for custody.
Without a court order, a father cannot legally exercise parental power over his children, even if he is named on the child’s birth certificate or has registered the child at his embassy. Without the legal process of child legitimisation, fathers cannot inherit from their children, use their surname, or obtain citizenship or nationality for them.
If a father wants to acquire parental powers, he must first apply for legitimization by appearing before the Registrar along with the mother and the child. If the child or mother object to his application, he must petition the Court for custody. Otherwise, he can be granted joint or sole custody by the court. If the father is foreign, he must follow the rules of his nationality law and the embassy in Thailand.
Mother’s Rights
In Thailand, the mother receives sole custody of a child born out-of-wedlock. In order for a father to acquire any parental or custodial rights he must legitimize the child. This procedure can be done at a district office with the mother’s consent and proof of one of the grounds for child legitimization as set out in section 1548 of the Thai Commercial and Civil Code.
In some cases, the mother may agree to let her husband or partner exercise parental powers and responsibilities on her behalf, but it is important to understand that they do not automatically gain any legal rights in terms of custody, visitation, or financial support. Even in these situations, the father should still go through the process of legitimation to establish his paternity as this will have knock-on effects for other issues such as child support in Thailand or custody rights as a foreigner. This is why it is always worth undertaking the full process.
