How to obtain Child Custody in Thailand

The most common question has always been, how to obtain child custody in Thailand? Speak to an attorney in Thailand when it comes to family law issues. Child custody can become complicated no different to child support or legitimisation of a child born out of wedlock in Thailand. Below you will find the basics for child custody in Thailand.

How to obtain Child Custody in Thailand

Mutual consent for married parents

– For parents who are married and undergoing a divorce in Thailand, they both can come up with a settlement concerning how the custody of the child will be shared between them. The agreement could also include the terms regarding visitation and financial support for the child. For this agreement to be valid, it should be signed by at least two witnesses and registered at the local district office together with the registering of the divorce. Likewise also see the Hague Convention Child Abduction.

Court decision for married parents

– For parents who have their divorce in Thailand granted thru court judgment, or contested divorce, the same judge in the divorce case will make the decision on whom to grant child custody. However, the judge can appoint any third party as guardian of the child in place of the parents, if necessary, as it is the child’s interest which is the top priority.

See also: Thai child support visa then child custody as well as the fathers custody rights and finally your legal rights in Thailand as a foreigner. You can also see child legitimation for your child.

–  For parents who have been granted custody rights, if proven to be incompetent, or have shown misconduct, or have been abusive of his/her parental power, the judge may revoke the parental power which could happen even after the divorce. In cases where there is abuse in parental power, the parent without custody, or the public prosecutor in behalf of the child can file a petition anytime for custody change.

Child custody for unmarried parents

– By default for unmarried couples, custody is given to the birth mother of a child. If the biological father files a claim for legitimation of the child, then the legitimation case will be petitioned together with the custody case. The court will then decide whether the father is fit to be granted partial or full custody of the child.

– For children who have been born outside of the marriage or with unmarried parents, the birth mothers are given sole custody over the child. The father can only exercise custody when he is able to prove paternity by petitioning for the legitimacy of the child. The father has to register a legitimation in Thailand at the local district office. If the mother consents of such legitimation, the father will then be allowed to have partial or whole custody over the child upon agreement of both parents.

If you are still wondering how to obtain child custody in Thailand then speak to us online of visit our office in Bangkok for more assistance.