Child Custody in Thailand can be a complicated issue. Courts prioritize the child’s emotional stability and their relationship with their parents. Financial stability is also a factor.
Biological fathers must petition for legal paternity (legitimation) in order to gain full custody rights. This article will discuss 2 main ways to settle a custody dispute in Thailand: through agreement or through the courts.
Parental Powers
In Thailand parental powers are the legal rights that parents have to control and govern their children. These rights include deciding the child’s residence, managing the child’s property and representing them in legal matters. Normally, these powers belong to both parents in a marriage, but in cases of divorce or separation, a court may decide who will have custody. The court will take into account the best interests of the child when making this decision.
In Thai law the mother normally gets primary custody of a child. This is because the courts are conscious of the important role that a woman plays in nurturing and raising children, especially when they are younger. Fathers who want to obtain custody must prove their legal paternity through a process called legitimization. This can be a long and costly process. It is therefore very important for non-married couples who wish to have a child in Thailand that they should get married before they decide to have one.
If a child is in the care of a person other than the parent exercising parental power, that guardian can file a petition for revocation of those parental powers. The court will then look at the reasons for the request and make a decision. The parent who is exercising the parental powers can also be revoked by the court for reasons such as misconduct or incompetence.
Physical Custody
Child custody disputes are complex issues for both Thai parents and foreign nationals. The legal system considers the best interests of the child in determining custody arrangements. Navigating the process requires a lawyer that understands Thai family law and can advise clients on child custody considerations in Thailand.
In Thailand, the term “custody” is not used; instead, it is defined as parental powers (which encompasses both physical guardianship and legal authority). Custody decisions are made by the Family Court based on what they deem to be in the best interest of the child. They take into account the age and needs of the child, whether both parents can work together, and if there is history of domestic abuse or substance abuse in either parent.
For married parents, a child custody dispute is normally settled through an agreement between the mother and father or by order of the court. In unmarried cases, a father can only obtain custody rights through mutual consent with the mother and registration at the district office or through a legitimation process involving a court order.
Our firm can assist parents with any child custody issue in Thailand, including negotiating and drafting child custody agreements, representing clients in Family Court for contested custody cases, and advising on visitation rights for non-custodial parents. We can also handle international aspects of custody cases, as Thailand is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction.
Visitation Rights
Child custody disputes are often heated in Thailand and can arise either due to a divorce case or death of a parent. Regardless of the cause, parents must understand their parental powers to make a well-informed decision when discussing arrangements with family court.
The term “custody” in Thai law is actually more accurately captured by the legal concept of “parental power” (). Custody refers to both physical guardianship and decision-making authority, which includes managing a child’s property, determining religion, education, and healthcare. Biological fathers can only receive sole custody of their children if they have been legally recognized as such by registering legitimation with the district office and receiving the mother’s consent. If they have not gone through this process, their rights may be limited to visiting rights only.
Ultimately, the Thai courts always take the best interests of the child into account when making a decision about custody. They will examine both parents’ behavior and abilities to care for the child, social worker reports, and other evidence. They will also consider the child’s preference, if applicable.
Once a custody decision is made, it can only be changed if the judges believe that doing so will benefit the child (Section 1520 of the CCCT). However, this is not always possible since the decision depends on the current situation.
Legal Custody
In Thai Family Court it is a priority to consider the “Best Interest of the Child” () as the basis for making a decision on custody. The judge will look at the child’s age, needs, living environment, and each parent’s ability to provide for them. He or she will also take into account the history of abuse, neglect, or domestic violence.
In Thailand it is very common for the parents to reach an agreement on a parenting arrangement that is best for their children. This can be done through mediation sessions. The agreement is then submitted to the family court for approval. If the parents are not able to agree on custody arrangements, then a trial will be held in front of a judge who will make a decision based on the evidence presented.
It is important to note that the mother usually has full legal and physical custody of her children in Thailand. This is because the courts are aware that the women play a more significant role in nurturing the children. It is possible for fathers to obtain custody rights in Thailand but it requires strong evidence. In addition, non-married fathers must go through the process of legal paternity to establish their parental and custodial rights.
Legal custody refers to the right of a parent to organize, manage, control and take care of children whose age is lower than 20 years old. This is different from physical custody which refers to the right to live with or without the child in a specific place.
