Child custody issues can be very emotional and complicated. It is important for parents to understand their rights and responsibilities under Thai law.
Generally in Thailand a child’s mother holds full parental powers unless there has been a legitimation case to establish fatherhood. However, it is still possible to have parental powers shared.
Custody
In Thailand child custody matters are typically determined by the courts when there is a divorce. However, custody issues can also arise in the event of a split between unmarried parents whose relationship has resulted in children being born.
In some cases, the parents might come to an agreement on how they wish to share or take care of their children. This arrangement can be documented through a legally binding agreement. The court will usually look at your financial situation and that of your spouse to determine who should be responsible for paying any maintenance.
The court will also consider the child’s relationship with siblings and other extended family members. Maintaining these relationships is important for the child’s emotional and cultural upbringing. The court will also assess the impact that any proposed custody arrangements may have on the child’s mental and physical adjustment. This will include any negative impacts from abuse and neglect. A child’s safety is the paramount consideration of the court.
Visitation
In most Western countries the Mother and Father of a child get equal rights and obligations. However, under Thai law this isn’t the case. According to Section 1546 of the CCCT, when a father isn’t married to a mother at the time of her pregnancy, he doesn’t have legal rights and obligations over the child. He might be named as the father on the birth certificate, but unless he obtains a registered legitimation, he won’t have custodial rights.
In such a situation, non-custodian parents may be granted certain visitation rights, either by agreement or by court order. In all cases, the court judges the best interests of a child as the main factor when making custody decisions. This could include maintaining the child’s relationship with siblings and other family members, as well as a child’s social and cultural upbringing. The judge may also consider domestic abuse issues within a family. These are some of the reasons why it is important to have a qualified lawyer assist in these types of cases.
Parental Authority
In Thailand, the issue of child custody often arises when married couples with children divorce or decide to live separately. It can also be an issue for unmarried couples with children born out of wedlock.
Under Thai law, the mother is automatically considered to have full parental authority and custodial rights. However, fathers who wish to obtain custody rights for their children must file a legal case seeking legitimation. This involves proving legal paternity which is distinct from biological fatherhood.
Once granted, parents must comply with the court’s decision on child custody issues, including visitation and support. If they fail to do so, the parent may face legal consequences. A lawyer can help parents understand the process and navigate it effectively. They can also assist with filing petitions, submitting evidence and conducting hearings. In addition, they can enforce child custody agreements and court orders. This ensures that financial obligations are met, protecting the well-being of the child.
Child Support
Child support in Thailand is a common issue that arises when a couple decides to divorce. It can be resolved through mutual agreement of the parties or through a court of law. Custody issues can also involve non-married parents whose relationship resulted in the birth of a child.
In Thailand the father of a child born out of wedlock is not legally required to provide financial support unless he files a legitimation case in court. However, custody issues can be addressed within the same legal proceedings and may include whether the father will exercise partial or full parental power.
It is important for those pursuing custody rights to understand that the interests of the child are of paramount importance. Regardless of the circumstances of your case, a skilled family lawyer can ensure your best interests are protected. In addition to addressing custody and visitation arrangements, the court will evaluate your and your spouse’s financial situation and determine the appropriate amount of child support.