Child Custody in Thailand
Child custody problems are results of couples with children undergoing a process of separation or divorce for married parents. It is also an issue for unmarried couples with children born outside of legal marriage. Speak to a lawyer in Bangkok for assistance.
Child custody in Thailand can be attained in two ways: by mutual consent and by court decision.
For married couples residing in Thailand, provided that the divorce is by mutual consent, both parents can come to an agreement to share custody of a child. The said agreement can also cover concerns regarding child support and visitation rights. To make this agreement valid, two witnesses should certify the document and have it registered at the local district office during the time of registering the divorce.
For unmarried couples who have children born out of the legal marriage, the mother is automatically given the right of having sole custody over the child. The father has to register first as the legitimate father of the child to be able to ask for custody rights. The father has to register the legitimization of the child at the local district office with the mother’s consent. The father will then be allowed to have joint or sole custody based on the agreement between both the parents.
Child custody can also be settled through courts, wherein for married couples who have their divorce granted by court, the same judge in the divorce case will decide to which parent the child custody would be granted. The judge can also choose a third person to act as guardian of the child, if found to suit the best interests of the child.
The judge, at the same time, can take away custody rights if a parent is found to be incompetent or abusive of his/her parental power. The prosecutor or the parent without custody can file a petition for change of custody at any given time.