Child custody is an issue that inevitably arises when a married couple divorces and also for unmarried couples who have children. The law on custody and parental power is laid out in section 1547 of the Civil and Commercial Code.
A father who wants to acquire legal rights over his children must first take action for his children’s legitimization.
Sole Custody
Under Thai law, the concept of child custody is called “parental power”. It is usually awarded to a married couple. However, it can also be granted to a father or mother who is not married. When a divorce happens and the couple has children, then parental power is decided by the court depending on the best interests of the child.
In the case of unmarried couples, a father can gain parental rights only by registering his legitimization with the local district office. If he fails to do so, the child will be considered as only the legitimate daughter of the mother.
Custody issues arise in Thailand when a married or unmarried couple decide to separate or dissolve their relationship and there are children involved. It is important for parents to understand these issues and to seek legal advice from an experienced family lawyer in Thailand so that they can prepare themselves accordingly.
In the case of married couples, the husband and wife have equal parental powers. However, the court will consider the best interest of the child and may award one parent sole custody in some cases. It is important for parents to discuss the issue of parenting together and reach a mutually agreeable arrangement before it becomes an issue in court. It is also important for parents to comply with the orders of the court, failure to do so could result in serious consequences.
Joint Custody
Regardless of whether a couple is married or unmarried, Thai law states that parents have parental rights and duties to their children. These rights include the authority to make decisions concerning their child’s education, religion and health care. However, these rights must be balanced with the parent’s obligation to provide a safe and stable environment for their child. Fathers also have the right to seek custody of their children if they can prove paternity through a court order.
In child custody cases, family courts in Thailand and most western countries place great emphasis on the best interests of the child. This is the primary deciding factor in all cases and takes into account both financial stability and emotional and physical well-being of the child. The best interest of the child also includes the child’s relationship with each parent and other significant people in his or her life, as well as any history of parental abuse or neglect.
If the parents can reach a mutual agreement on their custody and visitation arrangements, this is usually allowed by the court. The terms and schedules agreed upon are then legally binding. If this is not possible, the courts will determine custody based on a number of factors, including the age and emotional state of the child; the parents’ respective physical, mental and financial capabilities; the child’s relationship with each parent and any other significant people in his or her life; the preference of the child (if old enough to express it); and past incidents of parental abuse or neglect.
Shared Custody
In Thailand, a mother is considered the lawful parent and fathers do not automatically gain parental rights. The mother is usually granted sole custody of a child in divorce cases unless she and her spouse can agree on something different. In this case, the court will decide on the best alternative. The most important consideration for the court is the well-being of the child, and it often takes into account each parent’s ability to provide a nurturing environment.
Regardless of the parents’ arrangement, it is essential to seek legal advice before beginning any proceedings. In many situations, mediation or negotiation can help both parties reach an agreement that is mutually acceptable. This agreement can then be documented in a custody agreement and filed with the family court.
A custody agreement can be modified by the court if there are major changes in either parent’s circumstances or if a new situation makes an existing one impractical. Examples of this could include a significant change in the parent’s financial status or a relocation to another country, where the local Thai law would not apply.
It is also advisable to consider establishing a child support in Thailand system as part of any custody arrangement. Noncustodial parents must pay financial support to the custodial parent to ensure that the child is being cared for adequately. The amount and method of payment can be agreed between divorcing parents or set out in a court order.
Visitation
When a married couple gets divorced they will normally have an agreement or a judgment about child custody and visitation rights and times. This is also true of unmarried couples who get a divorce. The court normally takes the view that a mother is more suited to be the primary caregiver of children of a younger age but this does not mean that fathers have no chance to get custody of their children in Thailand.
The best interest of the child is the main criterion for deciding on child custody in Thailand just as it is in Western countries. In some cases where the parents cannot come up with an agreement, mediation is encouraged and a judge will make the final decision. In any case, the court will take into account the child’s relationship with siblings and extended family members. It is important that this connection remains intact as it may be beneficial to the child’s emotional and psychological adjustment.
Non-married fathers who want to acquire parental powers need to legitimize their child first by filing a legitimation case and the court will then decide whether they should have partial or full parental power over the child. This procedure is similar to the way adoption works in Western countries. Fathers who wish to exercise their parental power must also not enter into certain juristic acts such as mortgaging, creating usufruct or superficies and renting real estate without the mother’s consent.