Two Procedures For Obtaining The Child Custody In Thailand
CHILD CUSTODY AGREED BY MUTUAL CONSENT
Thailand Child custody for married spouses
If the parents divorce in Thailand by mutual consent or the uncontested divorce, and the divorce has the child custody in Thailand involves the parents can enter into a divorce agreement concerning how the custody shall be shared between them. In addition, the agreement can also include the visitation of the child and the child support. However, in order for the agreement on the child custody to be valid, it has to be signed by two witnesses and registered with the district office at the time of registering the divorce.
Thailand Child custody for an unmarried couple
If the unmarried couple has a child born out of the marriage, the mother of the child only has the sole custody over the child. However, prior to considering whether the father should exercise the custody rights over the child, the child must be registered as a legitimate child of the father first. To legitimize a child, the father has to register a legimation of the child in Thailand with the local district office. If the mother and the child consent to such legitimation; then the registration allows the father to have the joint custody or sole custody over the child upon the agreement between the father and the mother of the child.
CHILD CUSTODY DECIDED BY THE COURT
Child custody in Thailandfor a married spouse
If divorce is granted by the court’s judgment or contested divorce, the judge in the divorce case will decide who should be granted the child custody; otherwise, the judge can appoint a third person as a guardian in place of parents if such order is for the happiness and interest of the child. Nevertheless, the judge can also, at the time of divorce or later, takes away the custody if a parent given the rights of custody is incompetent, misconduct, or has abused his or her parental power. Either a parent without custody or the public prosecutor on the child’s behalf can file a petition to change the custody at any time.
Child custody in Thailand for an unmarried couple
If the father of the child born out of the marriage files a legitimation of child in Thailand, the custody issue can be petitioned together with the legitimation case. The court in the same case will decide whether the father is suitable to exercise the partial or whole custody over the child.