Child Custody in Thailand is a complex process. It requires legal guidance, open communication between parents and a commitment to prioritizing the children’s well-being.
Most times child custody disputes arise in the course of a divorce. But it can also happen between unmarried couples or married parents who are separated.
Legal framework
Under Thai Family Law, the best interest of a child is the primary consideration for any custody decisions. This is a similar standard that is used in most Western countries. The judge will consider many factors including the parents’ behaviour and how the child is developing. They will also look at each parent’s financial situation and their ability to provide care for the child.
For children born out of wedlock, the father can petition for parental powers by registering legitimation with the district office. However, he must prove his legal paternity by submitting a DNA test. Moreover, he must marry the mother within three months of the registration of his legitimation.
Custody disputes can be complex and emotionally challenging for all involved. A qualified lawyer can help parents understand their rights and responsibilities. They can also assist with navigating local customs, traditions and societal perspectives to better guide the negotiation process. They can also ensure compliance with domestic and international law.
Custody arrangements
In Thailand, child custody arrangements are determined by what the court considers to be the best interests of the child. Generally, courts grant sole custody to the mother unless there are circumstances that warrant otherwise. A child custody provider can help parents determine what type of arrangement would be best for them.
In Western countries, fathers and mothers receive equal rights and obligations when it comes to their children. In Thailand, the biological father of a child does not have legal rights over the child until he can prove his paternity. This can be accomplished by registering a legitimation of the child with the local district office.
The parents are obligated by law to provide financial and emotional support for the minor children until they reach the age of twenty (20). The duty and rights of the parents are commonly called parental powers or authority. It is important for parents to know that there is an international law, the Hague Convention on the Civil Aspects of Child Abduction, that imposes a mandatory jurisdiction upon a foreign state to return any abducted child to its home country.
Parenting plans
Child custody disputes often occur during a Thailand divorce case. However, they can also happen between married couples who are not divorcing and unmarried parents who have children together. It is important to seek professional legal advice in order to navigate the process effectively.
One option is to come up with a parenting agreement that specifies the living situation of the children, visitation rights, daily financial responsibility and other issues related to their well-being. This can be done before filing a petition for custody in court.
Alternatively, parents can go through mediation to reach an agreement on custody, visitation and other issues involving their children. If this fails, a court hearing will take place. In some cases, the judge may assign guardianship to a third party, such as an aunt or a family friend. This can be very stressful for the parents and it is important to consider the best interests of the child in these situations.
Court proceedings
Child custody disputes are often referred to the Family Court of Thailand. This is where the most intense arguments take place and it’s essential that you are represented by a lawyer with a proven track record of success in these matters.
The law in Thailand is inherently child-centric and places the best interests of the child above all else. Factors that are taken into consideration include the child’s physical and emotional well-being, their relationship with each parent, and their ability to cater to their educational and extracurricular needs. The preference of the child is also taken into account, especially if they are 10 years or older.
For biological fathers who are not married to the mother, it’s possible to acquire rights over a child by legitimisation. This process involves going to the district office and obtaining a certificate of parenthood. This does not mean, however, that the father has a legal duty to support the child financially.