Child custody is a complicated issue for most couples. In Thailand it is normally the mother who has full parental powers unless a father files for the child’s legitimization.
Non-married fathers who want to acquire rights over their children should file for the child’s legitimization along with a petition. This is the best option for the father.
Parental Rights
In Thailand, parents have the right to exercise parental authority over their children. They may choose to share this responsibility or may have sole custody of their child. The legal system allows either shared or sole custody arrangements depending on the circumstances of the case and the parents’ ability to provide a safe, loving environment for their child. Before initiating formal legal proceedings, it is advisable for parents to seek mediation or negotiation assistance.
If parents divorce and one of them has full parental rights, the other parent must still support the child financially until the child reaches age 20 years old (Clause 1566 CCCT). Parental responsibilities also include ensuring that children are properly maintained and educated.
Whether it is during a divorce settlement or the process of child legitimation, Thai Family Courts are guided by the “best interest of the child” principle. This is the same standard used by most western countries.
Parents also have the right to discipline their children, teach them a religion and require them to work in a reasonable manner. If the child is in danger, the parent has the right to demand that the child be returned to them immediately. The same applies if the child is taken or held without a proper court order. However, the father cannot use this right unless he has registered his paternity with a district office.
Joint Custody
Child custody disputes often arise in the context of divorce proceedings. However, parents can also dispute custody in Thailand when they are not seeking a divorce and are instead separated. In either case, a family law lawyer can help parents understand their legal options.
The court’s decision in child custody cases will primarily be made based on the best interests of the child. This may involve considerations such as the child’s health, emotional development, and financial security. Depending on the circumstances of each case, the court may award joint or sole custody.
Regardless of the type of custody arrangement awarded, both parents will typically retain parental responsibilities. This means that both parents will continue to support the child financially. The amount of support will vary depending on the specific circumstances of each case and the financial capacity of each parent. Child support in Thailand payments generally continue until the child reaches the age of 20, unless otherwise specified by the court.
In some cases, a physical custody arrangement will be implemented that allows the child to spend alternate periods of time with each parent. This can be done on a semester-by-semester basis or in other arrangements that work with the parents’ schedules. In cases where a physical custody arrangement is established, the parents should work together to formulate a visitation schedule that works for everyone involved. Child custody and visitation arrangements will usually be reflected in a written agreement that is registered with the court.
Sole Custody
When a divorced mother cannot agree on custody terms with her ex husband, Thai courts will intervene and make the decision based on the best interests of the child. They consider factors like the stability of each parent, their relationship with the child, and each parent’s fitness to provide a safe and nurturing environment.
The biological father of a child born out of wedlock does not automatically have custody rights in Thailand, but he can petition the court for joint or sole parental authority after going through a process called legitimation. This involves submitting a DNA test to prove paternity and demonstrating his ability to care for the child.
Parents can also enter into a custody and visitation agreement voluntarily. This arrangement is generally endorsed by the courts, provided it meets certain requirements including a detailed plan outlining parenting responsibilities and schedules.
Custody arrangements are not always permanent in Thailand, and either parent can file a motion to modify the order if circumstances change significantly. For example, if one parent experiences a significant job loss or relocation, the family law judge will review the situation and determine whether the existing arrangement is no longer in the child’s best interests. If necessary, the judge can authorize a third party to take custody of the child or issue a visitation order.
Visitation Rights
When spouses divorce in Thailand, the issue of child custody is a big one. The family courts of Thailand typically use the best interest of the child standard as the basis for all decisions regarding children. This is the same standard used by Western courts.
In a contested divorce, the family court will typically let the mother have child custody or parental power because the court believes that the mother can take care of the child better than the father, especially when the child is young. However, when the child is older the court may give the father parental powers or custody if the mother cannot take good care of the child or provide the necessary education and care.
Visitation rights are also determined by the family courts. In most cases, the non-custodial parent will receive visitation rights and this should be clearly established in a legal agreement to avoid future disputes. If a parent is not complying with a child custody or visitation agreement, the family court can take legal action to enforce such agreements.
Foreign fathers who want to get custody of their children in Thailand should work with our lawyers to make sure that their paternity is legally recognized and that the child’s birth certificate accurately reflects the father’s name and details. This will open the door for the father to establish his visitation rights and could be a crucial step towards establishing custody of a child in the future.