Child custody is the legal right and responsibility to care for a child. It can be settled in a divorce agreement if the divorce is by mutual consent or by the judge’s decision if it is contested.
Thai courts consider the best interests of the children. This includes the parents’ behavior and child development issues.
Sole custody
In Thailand as in most jurisdictions, the basic issue that the Court must consider in child custody matters is what is in the best interests of the children. However, the specific standard used in each case may vary from one jurisdiction to another.
In a marriage, the mother and father usually share equal rights and obligations. However, in unmarried cases the father has very limited legal rights unless he can prove that he is the biological father of the child. This is done by registering the child’s legitimization at the local district office.
If the parents disagree on custody issues, the Court can decide to place the child with a third party guardian or can terminate one parent’s parental rights if there is strong evidence that the parent has been abusing his or her parental authority. In these situations, it is important to get professional legal advice. A lawyer who specializes in family law can help.
Joint custody
Custody in Thailand is a complex issue. Whether the parents are married or not, they must decide who should be in control of the child’s wellbeing. This may be decided through mutual agreement or a court decision. It is also possible for a child to be taken care of by someone else.
The law defines parental power as the right to determine where a child will live and manage their property with certain restrictions. This can be exercised by the mother, father or a legal guardian. The parent who has full custody of a child can also make decisions regarding their education and health.
A married couple can agree on a joint custody agreement. This should be signed by two witnesses and registered with the district office together with registering their divorce. However, this is not always possible. In cases of contested divorce, a judge will decide who should be granted custody. It is also possible for a father to obtain custody rights through the process of child legitimization.
Visitation rights
In Thailand, custody of children is determined through the court. The court’s main consideration is the best interests of the child. The court may also take other factors into account, such as the relationship between the parent and the child.
When a father has a child in Thailand, the law grants him no legal rights and obligations unless he legitimizes his paternity through a procedure regulated by the Family Court. This is done by registering a “father’s rights” case.
In common law, the term “custody” refers to a person’s full power and control over a child. In Thai law, however, it refers to physical ‘guardianship’. For example, if a married couple send their child to America to study with their uncle, the uncle has physical guardianship over the child but does not have parental powers. It is possible for a parent to assign guardianship rights to someone else in a last will and testament. These guardianship rights can be limited to property or a specific role like education.
Father’s rights
In Thailand, fathers are not automatically vested with full custody rights. Rather, they must claim these rights by legitimizing their children with the courts. This process requires the father to register a legal paternity ruling with the local district office, as well as the mother of the child’s consent. Once the father has done so, he may be permitted to have joint or sole custody of his child based on an agreement between him and the mother.
In most Western countries, both parents are given equal custodial rights and responsibilities. However, under Thai law this is not always the case. Normally, the mother has sole custody of her child. In some cases, the court may decide that one parent has a greater claim to custody than another. This is based on what the court judges to be the best interests of the child. The judge will take into account the circumstances of the case, as well as the health and age of the child.
