Child Custody in Thailand usually happens during a divorce but can also occur between unmarried couples. If a child is born out of wedlock, the father must register for the child’s legitimation to obtain parental power.
The mother is normally favoured in custody cases, as is the case in most western countries. Generally a settlement will be reached during mediation and will be registered at the municipality.
Sole Custody
Child custody in Thailand is a sensitive issue that can be very challenging for a couple whose marriage ends in divorce in Thailand. While it usually happens between married couples, sometimes it also occurs with unmarried parents who separate and have children.
In a child custody dispute, a judge determines who will have sole custody of a child based on the best interests of the child. This is a standard that is very similar to the law in most western countries. The court will take many factors into account in deciding what is the most suitable arrangement for the child, including the health and safety of the child, the relationship between the parent and the child, each parent’s ability to provide for the child, and any other relevant considerations.
Typically, the mother is given sole custody of the child in a divorce case. This is because the courts believe that it is more likely to be in the best interest of the child for the mother to have sole parental powers. However, this is not a rule and it depends on the individual cases.
In addition, a father who is not married to the mother cannot acquire rights over his children until he has legitimized them in the court. This process requires him to register his relationship with the child at a local registration office and the mother must agree to this.
Joint Custody
In Thailand, as in most western countries, the best interests of the child are considered to be the primary criterion when deciding custody arrangements. Both parents must be able to provide a safe and nurturing environment for the child. This may require both parties to come together and reach an agreement or compromise on their differing viewpoints. It is often advisable to seek mediation or negotiation with the help of a Thai family lawyer to find an arrangement that both parties can agree on.
For married couples, it is common practice for the court to grant both parents joint legal custody of their children unless there is evidence that one parent will not be able to do so. In cases of unmarried fathers, the law states that they will only be able to exercise rights over their children if they have been legally recognized as such through a legitimation process with the local district office.
Even after a judge has issued a ruling, it can be challenging to enforce. It is important to seek a qualified family lawyer in order to ensure that your rights are protected and that the proper child custody arrangements are put in place. This will prevent problems in the future and help you avoid any potential disputes that could arise in the future.
Visitation Rights
While the majority of custody disputes in Thailand are between married couples, this issue can also arise between unmarried parents whose relationship has resulted in childbirth. In such cases, it is possible to obtain a custody order from the court.
Regardless of the type of custody awarded, both parties must comply with its terms and failure to do so could lead to legal consequences. It is therefore important to consult a specialist childcare lawyer in Thailand who can help ensure that your case is heard fairly and with the best interest of your child at heart.
When a child is born to a mother without a father, the father can petition for paternity rights by filing a legitimation case in Thailand. In this case, the court will decide whether he is suitable to exercise partial or full parental power.
It is common in Thailand that a person usually an aunt or uncle will look after children who are either separated or have lost their parents. However, this care does not entitle the guardian to parental powers.
A court will always consider the best interests of a child in deciding custody matters. As such, a social worker may be appointed to conduct an observation and analysis of the child’s welfare before ruling on the matter. This is a standard procedure in most Western countries.
Parental Powers
The term “custody” is often used in English to describe the legal rights and obligations of parents to control and raise children. Thailand Family Law has its own legal concept of parental powers that is broader than the common term.
In custody cases, the court must decide what is in the best interests of the child. The court will analyze the behavior of both parents and also the child development issues. The court will also consider the social and psychological effects on the child. This analysis will be made with the help of social workers who will prepare a report.
Generally, both parents will get full parental powers after a divorce or separation. However, this is not always the case. For example, if the father has not registered his legitimation with the child then under Thai Law he will have no rights and obligations to the child.
If a couple cannot come to an agreement on custody or visitation rights they can submit their request to the court for decision. However, it is advisable that they first attempt mediation or negotiation with the assistance of an experienced lawyer before initiating formal legal proceedings. This will reduce the amount of time and money spent on litigation and also make the outcome more certain. In the event that neither parent can obtain full custody then a guardian can be appointed by the court to take parental powers and provide care for the child.