Child Custody issues are common for both married couples and unmarried parents in Thailand. This article will discuss the legal definitions of parental rights, custody for married and unmarried parents, and court procedures for resolving child custody cases in Thailand, prioritizing the best interests of the children.
This guide also provides insight into how to enforce a child custody agreement, drawing on the expertise of Siam Center Law Group.
Mother has 100% Custody
Under Thai law, the mother has full custody of her child. If parents cannot come to an agreement on custody, it is left up to the court to decide. The judge will consider the mother’s financial situation, as well as that of her spouse. The judge will try to balance the child’s best interests with both parties. For example, the judge might decide to let one parent have physical custody while the other has legal power. Alternatively, the court might split physical custody and allow the child to spend half of each semester with each parent.
Custody issues usually arise for married couples undergoing divorce in Thailand but can also be present in cases of unmarried couples with children who are not seeking separation. In both situations, it is best to seek legal assistance. An attorney who specializes in family law can provide legal advice and represent the client’s interests in court.
Biological fathers can gain their parental rights in Thailand by filing a paternity case with the local district office. This is a process called legitimation. In addition to gaining their legal rights, a father can also ask for child support Thailand from the mother if he wishes. However, the biological father can only do this once the mother files a divorce by mutual consent or an uncontested divorce.
Father has no Custody Rights
In Thailand, children’s custody issues are a common reason for separation between couples. However, unlike many Western countries, fathers do not automatically have custodial rights in this country. Instead, mothers have full parental powers and only the mother can request a change in child custody. Biological fathers who are unmarried must petition for legal paternity (legitimation) in order to gain full custodial rights.
Once paternity is established, the court can address issues of custody and child support in the same legal proceedings. However, even when fathers have gained custody, they are still obligated to provide financial support to the mother of their children until the child becomes an adult (Section 1563 CCCT).
When parents split up, they can create a mutual agreement detailing how custody will be shared or decide on a solution through a family court judgment. Custody can also be resolved during divorce proceedings and the custody arrangement will remain in place until the child reaches 20 years of age or becomes sui juris.
The parents can choose to live separately in their homes and share the physical custody of their children by establishing a visitation schedule. However, if the parents do not agree on how to divide the time they can request that the court make the decision for them. The judge will determine the schedule based on the best interests of the child.
Alcoholism and Gambling
A father is unlikely to get custody rights in Thailand unless he has been legally recognised as the child’s father through a process known as legitimation. This can be done with the help of a district office and involves marriage. This is because Thai courts are inherently child-centric and prioritize the children’s well-being. They consider factors such as the child’s perspective, environmental stability and parental proficiencies when making custody decisions.
In the northern part of the country, where the majority of hill tribes live, there is a high prevalence of alcohol consumption. A study that surveyed youths of Hmong, Lahu, Lishu and Yao tribes in their early teens showed that nearly half of them drink. This is much higher than the average of the general Thai population. This is attributed to the fact that these hill tribes have distinctively different lifestyles and cultures from the rest of the country.
Another factor that contributes to the high alcohol use among these youths is their parental influence. A number of studies show that adolescents who have parents who are addicted to alcohol and gambling are at a greater risk of engaging in high-risk behaviours. These include experimenting with drug and alcohol, engaging in risky sexual behaviours and participating in illegal activities such as prostitution and gambling. Gambling disorder is a serious problem that can lead to financial and personal problems. It can also destroy relationships with family and friends. Fortunately, there are treatment options available in Thailand that can help overcome this addiction.
Family Abuse
The best interests of the child are always the primary consideration in a family law case. Regardless of whether it is divorce, property partition, or custody of children, all decisions made must benefit the well-being of the child. For this reason, it is vital for parents to comprehend Thai family laws and seek expert legal assistance when needed.
Unlike Common Law, Thailand uses the term “parental powers” instead of “custody”. Parental power includes full guardianship over a child, including decisions on religion, education and property management. However, this does not mean that a parent must be physically present with the child. According to Civil Law, a father or mother can exercise parental rights while they are away from the child.
In a divorce situation, the mother and father must sign an agreement that stipulates who will have custody of the children. This is a more flexible arrangement than what may be seen in some Western countries. However, it is still important to understand that the court will take a very cautious approach when determining custody.
Domestic abuse, alcoholism and gambling are issues that affect many families in Thailand, especially when it comes to children’s welfare. It is important for couples to ensure that their partners are free from these vices before seeking a custody order. If not, this can result in a very drawn-out process and even an eventual loss of rights.