Child custody issues can be complicated in Thailand. Custody disputes are usually settled by family court.
For unmarried parents, Thai law gives sole custody to the mother. If a father wants to acquire rights over his children, he has to take action for the child’s legitimization.
A non-custodial parent normally receives visitation rights, either by agreement or by court order.
Sole Custody
In Thailand, a woman who is the birth mother of a child automatically obtains sole custody. A father seeking parental or custodial rights must petition the court by filing a paternity case (or legitimation). The court in the legitimacy case can address issues of custody and child support in Thailand within the same legal proceeding.
In divorce cases in Thailand, a mutual or uncontested agreement between the parents is generally the preferred option for determining their respective rights and obligations regarding their children. Parents may be able to create their own child custody agreement including terms such as visitation, shared legal custody, and physical custody.
One major consideration is what is in the best interests of the child. This is a standard that the courts are very familiar with and take into account in every custody case. The courts will also consider the impact of parental alienation on a child. If it can be demonstrated that a parent is attempting to alienate their child from the other parent, the court will take this into account when determining custody arrangements.
Another issue is the matter of financial support. If a noncustodial parent fails to pay their support, the court will typically enforce their obligation by imposing a child support order. It is also possible that child support will be addressed as a part of the divorce agreement between the parents.
Joint Custody
In this arrangement, both parents have equal rights and responsibilities to make decisions on behalf of the child. This includes issues like living arrangements, visiting rights, daily financial responsibilities and educational goals. This arrangement is common in many countries and usually favored by judges.
In Thailand, custody decisions are based on the best interests of the child. The age and emotional state of the child is taken into account, as well as any history of parental abuse or neglect. The court also considers the parents’ respective abilities to care for the child, and their ability to communicate with each other.
Fathers who have not been married to the mother of their child can obtain legal parental rights by registering a legitimation case with the local district office. This is a separate procedure from divorce proceedings and is not connected to the issue of sole or joint custody.
Regardless of the custody arrangement, both parents are required to provide financial support for their children until they reach the age of 20. This may be settled by mutual consent between divorcing parents or by a court order. The amount of child support is based on the amount of time the child spends with each parent and the parents’ financial capacities.
Visitation
Child custody is a sensitive issue that arises when couples split or divorce. Parents may come to a mutual agreement about their custody arrangement and document it in a written contract, which should also include a visitation schedule. If a couple is unable to reach an agreement, the matter will be decided by court order. Child custody disputes are not limited to married couples, and they can also occur between unmarried couples whose relationship results in childbirth.
The primary concern of Thailand family law is the best interests of the child. The judge presiding over the case will carefully examine the parents’ character, behavior, and parental capabilities to determine which parent should have custody of the child. The court will also evaluate the children’s needs and developmental stage to determine whether a particular custody arrangement is best for them.
Custodial parents in Thailand are required to provide financial support for their children. If a custodial parent fails to meet their financial obligations, legal action can be taken to enforce the child support obligation. In addition, the judge may revoke or modify the parent’s custody rights if they are found to have abused their authority or placed the child in danger. For example, if a parent is found to be drinking or gambling excessively, it could cause a judge to revoke their custody rights.
Legal custody
In Thailand, legal custody refers to the legal authority a parent holds over their child. This includes the right to make decisions on their child’s education, religion, and property management until they reach the age of majority or marriage. It also includes the right to veto the issuance of passports and the right to withhold consent to marriage.
Parents can create a legal custody agreement or file a petition for child custody in court. In both cases, the best interests of the child will be considered. Social workers are involved in these cases, which helps to ensure that the court’s decisions are based on factual evaluations. Custody cases are usually resolved through mediation and settlement agreements.
If a father wishes to obtain parental and custodial rights for his child, he must first establish lawful paternity. This can be done through a legitimation process, which is typically only possible when the child is over 7 years old. This process can be complicated, especially if the child is from a previous relationship and the birth mother did not sign the legal documents.
If a custody case is not resolved through mediation, the court will decide which parent should have custody. If the non-custodial parent is awarded visitation rights, the two parties should set up clear and enforceable visiting schedules to avoid any future disagreements or conflicts.