If you want to the change of custodial rights in Thailand done then read this. When couples with children decide to get a divorce in Thailand, considering it as with mutual consent, the most essential agreement will be on which of the parent would have custody of the children. However, in some of these cases, the parent with custody rights tends to change their minds and later on decide to change custodial powers.
Change of Custodial rights in Thailand
Sometimes both parents agree on certain changes, and there are some situations wherein the mother does not give consent on the change of parental power. To site an example, where a certain father is supporting a child financially and raising the child because the mother abandoned the child or is incapable. Though by law, the mother would still be the custodial parent.
The change in custodial rights is granted by court, considering the well-being and interests of the child in accordance to Section 1521 of the Civil and Commercial Code.
To begin the procedure, here are some of the required documents: (a) Divorce Certificate and Divorce Agreement annexed to the certificate, (b) Identification of applicant, (c) Birth Certificate and Household Registration of the applicant, (d) Record of the opposing parent’s identity from the Ministry of Interior.
The opposing party is not allowed to authorize another person to represent her or his case in court in Thailand. After the case has been filed, both parents should offer testimonies in front of the Department of Juvenile Observation and Protection. In the case that the mother does not consent, the father must file a legal complaint in Thailand against the mother in her place of residence.
It is essential for a Thai lawyer to draft a complaint and submit it to court. Due to the complexity of the laws in Thailand, if one wishes to make changes regarding child custody rights, one must seek the legal assistance of a prominent Thai lawyer for legal.