The court always considers the best interests of the child in custody decisions. They take into account the child’s age, emotional stability, and living environment. They also examine the parents’ financial situation and parental conduct.
In Thailand, the term custody is more broadly defined than in many Western countries. Parents should try to resolve their custody dispute through mediation or negotiation before initiating legal proceedings.
Parental Rights and Responsibilities
In child custody cases, Thailand courts always prioritize the best interests of the children. The court examines a number of factors, including the parent-child relationship, each parent’s ability to provide a stable home environment, and the child’s relationships with siblings and extended family members. A child’s mental and physical health, and any history of abuse or neglect are also taken into consideration.
Parents may agree to joint or sole custody arrangements in writing during divorce proceedings or the process of legitimating their child. This agreement must be registered at the district office. If the parents do not reach an agreement, the court will decide on a parental power arrangement. In most cases, the mother holds parental rights, although fathers can obtain them by going through a legal process to prove their paternity.
A person exercising parental powers can determine the child’s place of residence, implement disciplinary measures, and require moderate work from the child. They can also demand the return of a child that has been unlawfully detained by another person. Parents must support their children financially and emotionally, and provide a safe and healthy living environment. In the event of domestic violence or other serious problems, authorities can step in and take custody of the children. Under Section 1520 of the Civil Code, parents can have their custody rights revoked if they act irresponsibly.
Custody Agreements
In child custody cases, the court’s primary policy concern is the best interests of the child. The judge will consider the emotional ties between the parents and the children, each parent’s financial ability, their moral capabilities, any history of abuse or neglect, and other relevant factors to make their ruling. Ideally, parents should attempt to reach an agreement on custody outside of court before pursuing formal legal proceedings. This can reduce conflict and minimize the impact on the children involved. A lawyer specializing in Thai family law can help with this process.
Biological fathers do not automatically have rights in Thailand unless they petition for legal paternity or gain a parental power order through the courts (child legitimation). The mother has full custody of the child until the child reaches 20 years of age, at which time she can request a change in parental powers (Section 1520 CCCT).
Custody arrangements often include visitation rights for both parents. This can help preserve strong relationships between the child and each parent post-divorce and allow the child to maintain contact with extended family members. When determining child custody in Thailand, judges may also take the child’s preferences into account if they are mature enough to express a reasoned opinion. A court will typically award one parent physical custody but grant the other legal custody, and set structured visitation schedules to ensure meaningful contact.
Child Abduction
Child abduction is a terrifying situation, especially when it occurs between parents who live in different countries. While it is unfortunate that situations such as this can occur, a strong legal framework has been established to support and protect children. Whether you are facing child abduction within Thailand or across international borders, it is important to speak with a family law attorney in Thailand.
In the event that a parent abducts a child within Thailand, there are specialized procedures in place to have the child returned. The first step is establishing custody rights in a Thai Family Court. This can be done through filing a petition for sole custody or sharing joint custody with the other parent.
If the parents cannot reach a mutual agreement on custody terms, a judge will make a decision based on the best interests of the child. In many cases, the judge may encourage mediation to help the parents come to an agreeable arrangement while minimizing emotional distress on the child.
Typically, abduction by a parent is treated as a domestic matter and not subject to international laws. However, if the abducting parent is a citizen of another country that has signed The Hague Convention on Civil Aspects of International Child Abduction, a complaint may be filed with the appropriate government agency.
Legal Paternity
Unlike in many Western countries, Thailand does not automatically grant fathers custody rights. Unless they are married to the mother, biological fathers must petition for legal paternity (legitimation) in order to obtain full custody. Fathers who do obtain custody must also provide financial support to the mother of their child (Section 1563 CCCT).
Custody disputes often arise in divorce cases but can also occur between parents who are not divorcing or even unmarried. In these situations, the court determines which parent holds the parental power or authority to make decisions for a child based on evidence presented in court. This may involve presenting documents, securing testimony from witnesses, or conducting DNA testing to prove paternity. A lawyer can help you compile and present this information effectively in court to ensure that your rights are protected.
When deciding upon custody, Thai family courts take the best interests of the child into account. They will consider factors such as the child’s age, physical and emotional wellbeing, living arrangements, and each parent’s moral and financial ability to care for the child. The court will also look at whether either parent has a history of abuse, alcoholism, or gambling addiction.
While Thailand does not legally recognize joint custody, it is possible for parents to reach an agreement on a shared schedule and decision-making process. This arrangement can reduce the need for court intervention and can save money on legal fees.
