Thailand child custody issues are what we are discussing below. When couples with children divorce or decide to live separately, issues on Child Custody comes up, as to who will have custodial rights over the child, who will pay for financial support, and what responsibilities each parent will have as to the shared raising of the child. Especially when couples are no longer on good terms, things seemed complicated on both ends that lead to conflicts. It is recommended to speak to a family lawyer if you have child custody issues in Thailand.
Thailand Child Custody
As stated under the Civil Commercial Law of Thailand, custody rights or parental power is exercised by the father, the mother, or a third person as a legal guardian until the child reaches the legal age of 20. Thailand child custody laws are briefly covered below.
The person making use of parental power has the rights as follows:
·Determine the child’s home, where the child resides with
· Reasonably discipline the child
·Require the child to work according to the child’s ability and status
·Demand the return of the child from another person, including from another parent who does not have custodial rights and detaining the child unlawfully
·Manage the child’s properties with restrictions from selling, mortgaging and exchanging of the said properties would require an approval from the court
There are various ways to obtain Child Custody in Thailand. The first option is by mutual consent of both parents. If the child is the product of married parents, then both can enter into a divorce agreement covering the visitation and financial support of the child. As well as how the custody shall be shared between them. However, to make this agreement regarding child custody valid, the said agreement should be signed by at least two witnesses and registered with the same district office when registering the divorce. These agreements in Thailand child custody law is familiar with most.
If the child is illegitimate, wherein the parents are unmarried and the child being born out of the marriage, only the mother has sole custody over the child. This has to be noted that the father could only exercise his custodial rights over the child if it happens that the child has been registered as a legitimate child of the father. The father should register the legitimation of the child with the local district office in order to legitimize the child.
It has to be carefully done first at hand to be able to get custody. If both the mother and the child approve to such legitimation, then the said registration would allow the father to have joint custody or sole custody of the child. However, this still depends on the agreement between both parents.
The second option to obtain Child Custody in Thailand is by the decision of the court. For married couples who had their divorce granted by court judgement, the judge of the divorce case will be the same judge to decide who should be granted child custody. The judge can also appoint a third person as guardian of the child in place of parents, if it is the welfare and interest of the child, which is the top priority. It is not on parents’ advantage, but, it will be decided through every aspect of the child’s benefit and advantage.
If the parent granted custody has been deemed incompetent, or has shown misconduct or abuse of his or her parental power, the judge may also remove custody from that parent. The judge could decide which he thinks would be best for the child. In cases for abuse of parental power, the parent without custody or the public prosecutor in behalf of the child can file a petition for change of custody anytime. See also fathers rights in Thailand for more information. Thailand child custody issues can become complex quickly.
How much is child support in Thailand?
For unmarried couples where the child is born outside of the marriage, if the father files for legitimacy in Thailand, then the custody of the child can be petitioned together with the legitimation case. The court will also be the one to decide whether the father is suitable to be granted partial or sole custody of the child. It is carefully addressed and takes time for the process.
Based on Thailand’s Child Custody Law, both the lawful parents of the child can have full custodial rights unless the court orders for modification of the said parental rights. However, an unmarried biological father does not have custodial rights over the child without legal order. Legal issues regarding child custody cases in Thailand mostly require finding of paternity. Thai Law requires the father to be the legal parent, as well as biological parent, and have parental rights and legal custody of the child. Thailand child custody laws are not that far off from the West.
Women, however, if they are the birth mother are to be considered as the lawful parent by Thai Law, without the need for additional court or administrative processes. The father’s legal rights as the child’s parent are established by the discovering of legal paternity. Legal paternity is different from just being the biological father. In many cases, the main issue is establishing the legal paternity. A legal marriage to the birth mother normally establishes lawful paternity which would then establish custody rights for a father. Much like in the West Thailand child custody is similar in this regards.
However, for unmarried parents, paternity cases can be petitioned by a biological father who is seeking for his rights, or in any case by a mother, seeking support from the biological father or implement other legal responsibilities assigned to a lawful father. When a man is married to the biological mother of a child during the time of giving birth or shortly afterwards, the man is considered as the lawful father under Thai Law. The Thailand child custody laws should be explained to you by a family lawyer in Thailand.
This concludes that it is possible for a man, even if he is not the biological father, to be adjudged as the lawful father and be granted parental rights and other responsibilities. Thailand child custody battles can be costly so always take proper legal advice while in Thailand.