Child custody in Thailand is covered below. The parent who will be granted child custody after a divorce can be decided either by court or an agreement reached by the parents. If both parents are able to negotiate without having to heed the court’s decision, they can have better control over the decisions to be made in behalf of the child. They may discuss provisions regarding the child’s living condition, visiting rights, education and daily financial responsibility for the child.

Child Custody in ThailandChild Custody in Thailand

For those undergoing an uncontested divorce in Thailand, both parents can draft an agreement specifying how custody shall be shared between them. However, for unmarried couples, the sole custody of the child is granted to the child’s mother unless the father registers the legitimation of the child at the local district office. The process of legitimation is important before the father can enter into an agreement regarding custody with the child’s mother. See also the issue of paternity tests in Thailand.

In Thailand, children born out of wedlock are considered as the legitimate child of the birth mother. The biological father will not be considered as the legitimate father and cannot exercise any legal right over the child, but is also not bound by law to pay child support unless the father acknowledges his fatherhood through child legitimation process. A father’s rights to a child can only be legitimized if there is a subsequent marriage between the mother and the father of the child; or if the father applies for child legitimation and registers it at the local district office; or if judgment is passed by the court.

Once the registration of legitimation is made, it is not possible to have it revoked. However, any person, within three months from being notified of the registration, may apply for the cancellation of the registration of legitimation in the court on the ground that the person insisting the registration of legitimation is not the father of the child. Also, the child or the mother may apply to the court in the same case ordering on that applicant for registration of legitimation being unsuitable for exercising joint or sole custody, regardless if he is the real father or not.

 

https://lawfirms-thailand.com/wp-content/uploads/2019/08/child-2553539_960_720.jpghttps://lawfirms-thailand.com/wp-content/uploads/2019/08/child-2553539_960_720-150x150.jpgroi8n2TZULFamily Lawfamily lawChild custody in Thailand is covered below. The parent who will be granted child custody after a divorce can be decided either by court or an agreement reached by the parents. If both parents are able to negotiate without having to heed the court’s decision, they can have better...Thailand Law Office