Child Custody is the right of a parent or legal guardian to control and take care of a person under the age of 20. Custody is regulated under the Civil and Commercial Code of Thailand.
Expatriate families who find themselves in a custody dispute in Thailand should seek expert family law guidance. There are several ways to resolve this issue, including mediation and settlement agreements.
When a married couple gets a divorce in Thailand the issue of child custody usually arises. The court will take into consideration what is in the best interests of the children when deciding custody arrangements.
There are two main types of custody arrangements: sole and joint. Sole custody grants one parent exclusive rights and responsibilities for the care of the child. This gives the parent full legal authority to make decisions regarding the child’s health, education and welfare without having to consult the other parent. The non-custodial parent will typically retain visitation rights.
Joint custody allows both parents to share decision-making responsibilities and physical custody. This arrangement can be beneficial if both parents have a close relationship and are able to cooperate effectively. Joint custody may also be a good option for couples who are divorcing amicably and can agree on all issues concerning the child including living conditions, visiting rights, daily financial responsibilities and educational goals.
When determining the custody arrangement, the court will also consider the parent’s health and conduct. If there is a history of substance abuse or criminal behavior, the judge will not likely award that parent custody or limit their visitation rights. The courts will also look at the child’s relationship with siblings and extended family members. This is especially important as maintaining familial ties is often seen as beneficial for the child’s development.
In the case of a mutual or uncontested divorce, the parents can create a custody agreement that specifies how parental powers will be shared. This agreement must be approved by the court. The courts make their decision based on several factors, including the child’s stability and relationship with each parent, the health and well-being of the children, and each parent’s financial situation and ability to provide for the child’s needs.
For unmarried couples, or married couples who cannot reach a mutual agreement, the court will intervene to determine custody. The same considerations are taken into account, but also include the father’s rights to legitimize his position as a legal parent. Once legitimation is complete, he can request joint or sole custody.
Despite having custody rights, the non-resident parent must still pay child support in Thailand to the resident parent. If a parent cannot meet their financial obligations, or if a change in circumstances makes the existing custody arrangement impractical, they can request a modification to the order. If the new arrangement would benefit the child, and it is not contested by the other parent, the court will approve it. However, if it is not in the best interests of the child, the court may deny the request.
In Thailand, a judge can award shared custody when both parents demonstrate that they are fit and willing to take care of the child. This is typically awarded to married couples undergoing a contested divorce, but it can also be granted to unmarried parents who are in a stable relationship.
When awarding shared custody, the judge considers the health and conduct of both parents, as well as their relationship with the child. Any history of substance abuse, criminal activity, or neglect on the part of either parent may negatively impact their ability to care for the child, which can result in the loss of custody or restrictions on visitation rights.
If a parent wishes to move abroad with the child, it is important to seek legal guidance as soon as possible. This will allow the parents to negotiate a suitable custody arrangement that is in the best interests of the child. The court will consider the reason for the move, as well as the impact it could have on the child’s stability and relationship with both parents.
The court will also review the child’s current financial situation. This includes calculating each parent’s monthly income, as well as other expenses related to the child’s upbringing, like schooling and healthcare. If a parent’s circumstances change significantly, such as a significant increase or decrease in income, the court can modify custody arrangements accordingly.
Generally, in Thailand, the mother has full custody of the child. However, if the child is born out of marriage, fathers can petition the court to legitimize the child in order to gain custody.
If the father and the child agree to this, the process is relatively quick. After the father has legally recognized the child, he can then register his rights at a local office, which will then grant him visitation rights with the child. If the mother does not agree to this, then a court judge will need to make a decision.
While the issue of legitimacy is not normally a major concern for parents in Thailand, this does become an important consideration if the father wishes to establish rights with the child. Legitimation – through either subsequent marriage, court action or government registration of paternity – allows children to acquire significant rights including inheritance and parental responsibility.
Child custody is an extremely sensitive and difficult issue in any situation, especially in a foreign country where family law may be different from your home country. While this is not a topic that most people consider before getting married, it should be taken seriously in any circumstance. Chaninat & Leeds’ family law lawyers have decades of courtroom and counseling experience handling cases of divorce, separation, child custody, guardianship and child support. Contact us today for more information about how we can help with your situation.