Child custody issues can arise when married or unmarried parents separate in Thailand. Parents can create a custody agreement detailing how their children will be cared for including visitation and child support in Thailand.
While the mother is normally favoured in a Thai court case, it is not impossible for fathers to obtain full or partial custody of their children provided they can prove legal paternity and register legitimation.
Child Support
Child support is a crucial aspect of Thai family law, ensuring that children are protected after parents separate or divorce. The system prioritizes the best interests of the children, ensuring they have access to essential services such as food, education, and medical care.
The amount of child support that a parent is obligated to pay is typically determined by a court, taking into account the financial resources of both parties as well as the specific needs of the child. The aim is to preserve the child’s standard of living as close to what it would have been if the parents were still together.
When it comes to children born out of wedlock, the father is not automatically bound by Thai law to provide financial support unless he acknowledges his paternity through a legitimation process. This is why it is important to seek the assistance of a qualified lawyer in Thailand when dealing with custody and child support disputes.
The government takes enforcement of child support seriously, and provides a number of mechanisms to ensure that court-ordered payments are made. Those who fail to pay are subject to legal penalties such as wage garnishment, property seizure, and in extreme cases, imprisonment. The flexibility of the system allows for equitable solutions to be tailored to each individual case. In addition, both parents are able to modify the terms of their agreement with a change in their circumstances.
Sole Custody
When sole custody is granted, one parent has exclusive rights to make decisions regarding the child’s health, welfare, and education. The other parent may still have visitation rights but has no decision-making authority over the child’s life.
Custody arrangements can be determined through a mutual agreement between the parents or by court decree. When a custody agreement is approved by the court it is legally binding. If a parent fails to comply with the terms of a custody agreement, the other parent can petition for enforcement.
For married couples undergoing divorce in Thailand, they can come up with an agreement on how custody and visitation will be handled. They must both sign the agreement and submit it with their registration of divorce. The court will review the agreement to see if it serves the best interest of the child.
For children born out of wedlock, Thai law gives the mother full custody of the child. This means that the biological father has no legal rights over the child unless he files for legitimation of the child. In this case, the court will determine whether or not he is suitable to exercise parental powers over the child. If the father is found to be suitable, then he can file for custody of his child along with his petition for legitimation.
Joint Custody
Child custody in Thailand is usually decided by a family court, but can also be settled through an agreement between the divorcing parents. The court will typically honor such an agreement if it serves the best interests of the child. If the parents are unable to agree, the court will make a decision based on several factors, including: The health and mental state of the parents. Any history of substance abuse or criminal behavior by the parent may disqualify them from custody. The strength of the child’s relationships with siblings and extended family members.
Gender is not a factor in Thai child custody proceedings, and neither is religion, except to the extent that it may affect the child’s well-being. However, the courts are typically influenced by the wishes of the child (if they are old enough to express them).
When parents have joint custody, they share legal and physical power over the child, but one parent has primary responsibility for day-to-day decisions. They must also share financial responsibilities and provide a safe, loving environment. Whether you are facing separation or divorce, our experienced lawyers can help you navigate the complex issues surrounding child custody and visitation rights in Thailand. Our priority is always to ensure that the needs of your children are met. Contact us today for a free consultation.
Legitimation
While people often assume that child custody issues only arise for married couples who are seeking a divorce, the reality is that these types of situations can also affect unmarried couples. As such, it is important that anyone facing custody issues should speak to a Thai family law lawyer as soon as possible.
In most cases, children are considered solely the property of their mother under Thai law. However, fathers can obtain custodial rights by completing a legal process known as legitimation. This is an important step that can also allow children to claim inheritance rights and carry their father’s surname.
The court will consider a variety of factors when making a decision on custody, including the relationship between the child and his or her parents, siblings, and extended family members. It will also evaluate the potential impact that any proposed arrangement may have on the child’s emotional and psychological adjustment.
In general, courts will favour the mother in obtaining custody because she is the one who generally nurtures young children. Nevertheless, the court takes into consideration the best interests of the child, which is usually in line with Western family law principles. If either parent is deemed to be an inappropriate guardian, the courts will consider terminating their parental rights. In these instances, extremely strong evidence must be provided in order to have a successful case.
