Child Custody Law

The issue of child custody in Thailand is simple, but only if parents agree on the arrangements during a divorce settlement or child legitimation process. This page will explain the fundamentals of child custody law in Thailand and how parents can settle custody disputes. It will also cover the basics of custodial rights and ways to transfer these rights.

Understanding Child Custody Law in Thailand

The Thai Child Custody Law states that anyone below the age of 20 must be in the care of either a parent or guardian until they come of age. This person or couple is responsible for the child’s education, health, and personal development in a positive direction. When parents separate or a child is born out of wedlock and an agreement can’t be reached, it falls to the law to determine which person is best suited to support the child’s needs.

Child custody can be called into question when one of the following situations arises:

• The parents are undergoing a contested divorce
• A divorce petition has been drafted, but one parent is contesting it over child custody reasons
• Both parents mutually agree to separate and live in different households
• Both parents are unmarried but have a child born out of wedlock
• One of the parents has passed away
• The child’s current guardian or parent is deemed unfit to take custody of them 

What Are Custodial Rights in Thailand?

If a parent is granted custody of their child, they receive custodial rights over them, also known as "parental power." This legal privilege enables the parent to make decisions on their behalf until they come of age.

With parental power, the parent has the right to:

• Determine their child’s place of residence
• Discipline their child in a legal and proper manner  
• Demand the retrieval of their child from a parent or guardian without custody rights 
• Exercise full control over their child’s property (however, court approval is needed to sell, mortgage, or exchange said property) 

Obtaining Child Custody Through a Mutual Agreement

A mutual agreement between both parents is the easiest and fastest way to resolve the child custody process. How this agreement comes about depends on whether the parents are married or unmarried.

For Unmarried Couples

If an unmarried couple has a child outside of marriage, the mother automatically gains full custody of the child. However, the father can obtain custodial rights if they apply for child legitimation at the local district office or the court. This will allow the father to be recognized as the child’s legal parent by law.

For a mutual agreement to be formed, the child and their mother must both consent to the legitimation request. After consenting, a decision can be made on whether to grant the father sole or joint custody rights over the child. A similar mutual agreement can also be made regarding child support.

The couple can also quickly settle child custody through marriage. This automatically grants the father parental powers alongside the mother.

For Married Couples

In the event of an uncontested divorce, parents can come to an agreement on how to settle child custody after their marriage ends. The agreement covers:

• Who should receive custodial responsibilities for the child and to what degree
• Who should be responsible for paying child support for the child
• Visitation rights for the parent without custody of the child

To put the agreement into effect, both parents must go to the local district office (also known as an "Amphur" or a "Samnakngan Khet") and register it. This agreement can be registered at the same time as the divorce settlement and must be signed by both parties in the presence of the district officer and two witnesses (one appointed by the child’s father and the other by their mother).

It should be noted that child custody and child support can also be covered in divorce agreements.

Obtaining Child Custody Through Court Approval

If there is conflict over resolving the custody issues, the Thai court eventually has to step in. The court will decide which parent will be given parental powers over the child after reviewing all evidence and testimonials.

For Unmarried Couples

A child’s father can file for legitimation if unmarried and their child was born out of marriage. However, the Thai court has to intervene if the child and their mother do not consent or deny that the person filing for the child’s legitimization is the father.

To resolve the matter, the court will thoroughly review the father’s case to determine whether they are suitable enough for the child to be placed in their care. Upon completing this, they will come to a final decision on whether the said person is in fact the father, and if they should be given sole or joint custody of the child.

For Married Couples

If a divorce petition is contested, or the court is meant to determine the divorce outcome, then the presiding judge decides who should be granted custody of the child. They will review all evidence as well as the current financial situation of both parents before making their final judgment. The judges have a duty to act in favor of the child, basing their decision on prioritizing the child’s well-being and interests.

Changing Child Custodial Rights in Thailand

Even if a parent ends up not getting custody of their child, they can later request that custodial rights be transferred to them. In some circumstances, the current custodial parent can agree to transfer their rights over to the noncustodial parent. However, if they do not consent to it, then this change must be granted by the Thai Court.

To request this change to be made, the noncustodial parent has to gather the following documentation:

• Divorce Certificate
• Divorce agreement which is affixed to the divorce certificate
• Identification documents (such as a national ID card or passport)
• Ministry of Interior record showing the identity of the parent with current custody of the child 
• Birth certificate and house registration of the applicant

With everything prepared, they should send the application to the Juvenile and Family Court in Thailand either in the same jurisdiction where the divorce has been filed or the current custodial parent’s legal domicile. It should be noted that the custodial parent cannot appoint someone to represent them in the court proceedings.

After going through the proceedings, both parents need to provide their testimony before the Department of Juvenile Observation and Protection in Thailand. If the parent with custody of the child refuses to consent, the applicant has to file a legal proceeding against them in the same jurisdiction as their legal residence.

Losing Child Custodial Rights

In accordance with Section 1521 of the Thai Civil and Commercial Code (TCCC), the Thai Family Court has the authority to deprive individuals of their custodial rights. They can revoke custody rights and appoint a third party as a guardian if both parents are unsuited to look after the child. This can happen if either one or both of the parents have been found guilty of abusing their parental powers, incompetence, or committing misconduct.

Paying Child Support in Thailand

The question of who should pay child support in Thailand is also raised during such circumstances. While the custody issues are being dealt with, either the parents or the Thai court needs to decide who will be responsible for paying child support.

Contact Siam Legal

Gaining legal custody of your child is difficult because of the many complicated steps involved. A lack of proper guidance can lead to delays and setbacks that can keep you from gaining custodial rights over your child. Therefore, you should reach out to Siam Legal’s Thai Family Lawyers for further assistance.

As a full-service law firm operating for over 20 years in Thailand and providing high-quality legal support to foreigners, our professional, bilingual family lawyers have the skills and experience to fight for your right to gain custody of your child.

Our useful services and assistance are tailored to your case, ensuring the most desirable outcome for your situation. We will guide you seamlessly through navigating the difficulties of child custody law, filing an application to change any current custodial rights, and representing you in court on your behalf.

Contact Siam Legal today to help you gain custodial rights as quickly and as efficiently as possible so you can reunite with your child.