CHILD CUSTODY

Child Custody Issues in Thailand

Overview
In Thailand, child custody issues often arise when spouses with children decide to divorce or live separately. Additionally, custody disputes can occur in cases where children are born to unmarried couples.

Legitimation of Children in Thailand
When a child is born out of wedlock, the father may file for legitimation of the child. This can be done alongside a petition for custody. The court will decide whether the father should have partial or full custody based on his suitability. This process can be complex, but we are here to help.

Custodial Rights Under Thai Law
Under the Civil and Commercial Code of Thailand (CCCT), custody rights are referred to as parental power. This power can be exercised by the father, mother, or a legal guardian until the child reaches the age of 20. Those with parental power have the following rights:

• Determine the childs residence.
• Discipline the child reasonably.
• Require the child to work, in accordance with their abilities and status.
• Demand the return of the child from another person, including a parent without custody rights.
• Manage the childs property, with court approval required for significant transactions such as selling or mortgaging the property.

Procedures for Obtaining Child Custody in Thailand
Custody can be obtained through two main procedures:

1. By Mutual Consent:

• For married couples, a mutual consent divorce allows the couple to agree on shared custody, child support, and visitation rights. This agreement must be signed by two witnesses and registered at a district office.
• For unmarried couples, the mother has sole custody initially. The father can gain custody rights by being registered as the childs legitimate father, with the mother's consent. This registration allows for joint or sole custody as agreed between the parents.

2. By Court Decision:

• In a contested divorce, the court will decide custody based on the child's best interests. The judge can also appoint a third person as guardian if necessary.
• The court may revoke custody if a parent is deemed incompetent, engages in misconduct, or abuses their parental power. A public prosecutor or the other parent can petition the court to change custody arrangements at any time.
• For unmarried parents, the father can petition for custody when filing for the childs legitimation. The court will decide if the father should have partial or full custody based on his suitability.

Conclusion
Child custody rights in Thailand are governed by the CCCT under the concept of parental power. This power is exercised by the mother, father, or legal guardian until the child turns 20. Custody can be determined by mutual agreement or court decision in the case of divorce, while unmarried fathers can obtain custody through the legitimation process. Given the complexity of these cases, seeking professional legal advice is strongly recommended.

Let us assist you with navigating the intricacies of child custody in Thailand.

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