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Procedures for Child Custody in Thailand

You can see the difference when it comes to child custody in Thailand. You can also look at the article on child custody in Thailand for more information, Below you will note that there is a difference between mutual consent as well as married and unmarried couples. Always take legal advice from an attorney in Thailand as this website only gives you a broad overview of the legal issues. There is also the option for mediation in child custody.

Procedures for Child Custody in ThailandCHILD CUSTODY BY MUTUAL CONSENT

For married couples

If the divorce has an agreement for child custody in Thailand, and the parents have discussed on how the custody shall be shared between them. Henceforth, the agreement should also include the concerns on child support and visitation rights. For this kind of agreement to be legit, it has to be signed by two witnesses and should be registered with the District office together with the registering of the divorce.

For unmarried couples

In Thailand, the mother of the child has sole custody if the unmarried couple has a child born out of marriage. But if the father wants to obtain custody rights, the child should first be registered as legitimate child of the father. See also child legitimisation in Thailand for more details also known as child legitimation in Thailand. To do this, the father should register with the local district for child legitimacy. This registration allows the father to have sole or joint custody over the child, provided with the consent of the mother and the child, and any agreement between both parents.


For married couples

For contested divorce in Thailand, the judge in the divorce gets to decide who to grant the child custody. He can also appoint a third party as guardian in place of the parents if the child requests to do so. However, the judge can also take away the custody if a parent is incapable or shows misconduct, or abuses his or her parental power. Any parent with no custody, including the public prosecutor, can file a petition for change of custody at any given time.

For unmarried couples

Child legitimacy can be filed together with the child custody case for the father of the child. The court will decide if the father is capable in having shared or sole custody of the child.

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