The Child Custody Law in Thailand in very complex. Issues regarding child custody always come up when couples who has children decide to live separately or have a divorce. This concern or this issue does not only happen to married couples, but also to those who are unmarried couples with children born out of the marriage. Under the Civil and Commercial Code of Thailand (CCCT), parental power can be utilised by the father, mother or any third person appointed by law to be the legal guardian until the child reaches the legal age.
Child Custody Law in Thailand
The person granted parental power has the right to:
- determine the child’s domicile;
- discipline the child justifiably;
- require the child to do some work in line with his or her capabilities;
- demand the return of the child from another person including a parent without custody rights; and lastly,
- manage the child’s property with restrictions that require approval of the court such as selling, mortgaging and exchanging the child’s property.
You can also see the child custody process in Thailand as well as child custody Law in Thailand in general.
Mutual Consent on Child Custody
– For married parents who divorced in Thailand by mutual consent, the terms regarding child custody should be annexed in the Divorce agreement. It could state the terms on visitation rights of the child and child support. This document should be signed by 2 witnesses and registered together with the divorce at the same district office. See more details about child custody Law in Thailand.
– For unmarried couples who have children born out of the marriage, Thai law states that only the mother of the child has sole custody over the child. Before the father can file for custody rights over the child, he must first register for legitimacy of the child. If the mother of the child allows such legitimation, the father will then be granted joint or sole custody over the child.
Court Decision on Child Custody
– For married couples who have their divorce in Thailand granted by court judgement, the same judge in the divorce will decide on whom to grant custodial rights over the child. The judge can also appoint a third person as the legal guardian of the child until he or she reaches the legal age. The judge has the power to take away custody from a parent if that parent is found to be irresponsible and abusive.
– For unmarried couples with children born outside of the marriage, the father can file for legitimation of the child and the custody case can be petitioned together with the legitimation case. The court will then decide if the father is suitable to be granted joint or sole custody of the child. Speak to us about child custody Law in Thailand when in doubt.