Child custody matters require a thoughtful consideration of legal principles, cultural nuances and the best interests of the child. This blog aims to help individuals navigate this process in Thailand, alongside insights from Siam Center Law Group.
In a divorce in Thailand, the mother gets full custody of the children, however, the father can get visitation rights if he registers his legitimization.
Child custody in Thailand
In Thailand, child custody arrangements involve the court’s consideration of legal principles and a range of specific factors. These may include the child’s best interests, parental capability, and a parent’s ability to provide for a stable environment. In some cases, parents can resolve custody issues by reaching a mutually agreeable arrangement through mediation or negotiation. This agreement is then documented in a legal settlement.
The court’s consideration of the child’s relationships with siblings and extended family members is also a factor. Maintaining these relationships can help the child adapt to their new circumstances, while avoiding additional stress and emotional trauma.
Child custody issues involving international elements require the careful consideration of local and international law. Expatriate families going through these challenges should seek professional legal guidance to ensure their rights are protected and the child’s welfare is paramount throughout the process. Siam Center Law Group is available to guide you through these difficult decisions and support you in achieving the best outcome for your situation.
Child custody in a divorce
Child custody disputes often arise when a couple gets divorced. But, it can also occur when a couple is separated but not getting a divorce. In Thailand, the question of child custody is normally decided by a court order in a divorce or by an agreement between the parties in a separation.
In a Thai divorce or marriage, the mother usually has sole custody and parental powers. However, a father can obtain rights through a process known as legitimization. This involves going to the local district office and having his name registered as the father.
In most Western countries, the father and the mother of a child have equal rights and obligations. But, according to section 1546 of the Civil and Commercial Code of Thailand, when a child is born outside of marriage the father has no legal rights over the child. Even if his name is on the birth certificate. He can only get these rights through the legitimization process.
Child custody in a separation
While a separation is difficult for all parties, it is especially challenging for those who have children. Child custody is often the most contentious issue between a separated married couple, or an unmarried couple with a child born out of wedlock. Custody is determined in a divorce or separation by either an agreement between the parents or a ruling by the court of Thailand.
The court of Thailand will normally consider the best interests of the child when determining custody. It will also look at the financial capacity of each parent, and any evidence of domestic violence.
Normally, a father will not have any legal rights to his child in Thailand unless he registers a legitimation with the local district office. He will only be legally obligated to provide financial support after doing so. However, he may still be required to attend a social worker investigation before a judge can make any decision. He might also be subject to a visitation restriction if the mother disagrees.
Child custody in a guardianship
In Thailand, as in most other countries, the legal system addresses child custody cases primarily through considering the best interests of the children. Custody generally refers to the charge and control of an individual over a child, although it can also refer to other types of parental rights. It can be settled through mutual consent in a divorce by the two parents, or decided by court order.
Married parents generally have equal custody rights to their children in Thailand, but this can be amended by a court judgment in divorce proceedings. Unmarried fathers who want custody of their children can do so by proving that they are the child’s legitimate father through a court ruling.
Both married and unmarried parents facing a custody dispute in Thailand need to seek legal advice for guidance. Harwell Legal International professionals can help navigate the process of establishing an appropriate custody arrangement that prioritizes the child’s welfare. We can also assist with ensuring that any custody agreement is legally binding and registered.