Issues on Child Custody
These are the main issues on Child Custody in Thailand. See also the topic on Thai Child Custody on this website. Issues on child custody in Thailand arise when couples are divorcing or have decided to live separately, whether they are married or unmarried. Whenever there are children involved in a divorce, concerns about child custody and child support are brought up, including each parent’s responsibilities in the shared child-raising.
Issues on Child Custody
Note the topic on paternity tests in Thailand as well. Under the Civil and Commercial Code of Thailand, parental power shall be exercised by the father, the mother or a third person appointed as legal guardian of the child. The person granted parental power has the right to:
- – Determine the place of residence of the child;
- – Discipline the child reasonably;
- – Require the child to work according to the child’s ability and status;
- – Demand the return of the child from another person, including the non-custodial parent who will detain the child unlawfully;
- – Manage the child’s property but restricted to sell, mortgage and exchange the property without the approval of the court;
If the parents of the child are married and are divorcing, they can enter into a divorce agreement in Thailand with provisions on child custody and support. This agreement may include terms for visitation and financial support for the child. This is the part wherein both must be very careful with every aspect for the benefit of the child. And to make such agreement legally binding, it has to be signed by two witnesses and registered at the local district office at the time upon registering the divorce in Thailand. These are the main issues on child custody.
If the divorce is granted by court, the judge in the divorce case will be the one to decide who to grant child custody in Thailand. The judge can also appoint a third person as legal guardian of the child in place of the parents if it is in the best welfare of the child. If the parent granted custodial rights has been proved to be incompetent, or has shown misconduct and abusive of his or her parental power, the same judge may also revoke parental power even after the divorce. This process is mandatory.
For unmarried couples, the mother of the child has sole custody of the child. She is given full responsibility of the child’s welfare. If the biological father applies for the legitimation of the child in Thailand and registers it at the local district office, and both the mother and the child consents to such legitimation, then shall the father be allowed to have joint or sole custody over the child if agreed upon by both parents.
https://www.lawfirm-bangkok.com/family/issues-on-child-custody.htmlhttps://www.lawfirm-bangkok.com/wp-content/uploads/2019/08/kids-2143982_960_720.jpghttps://www.lawfirm-bangkok.com/wp-content/uploads/2019/08/kids-2143982_960_720-150x150.jpgThai Family Lawdivorce in thailand,family lawThese are the main issues on Child Custody in Thailand. See also the topic on Thai Child Custody on this website. Issues on child custody in Thailand arise when couples are divorcing or have decided to live separately, whether they are married or unmarried. Whenever there are children involved...JS AdministratorBangkok Law Firm