Child Custody in Thailand

Child Custody and Support

Child Custody in Thailand one of the most important provisions of the Family Code in view of the law on marriage and dissolution of marriage is the provision relating to care and custody of the child or children as a result of such union.
The Civil and Commercial Code of Thailand has explicitly laid down the provisions which dictate the rights and duties of parents and their children. The parents of the child have the obligation to maintain the well-being and interests of the child until the latter reaches the age of majority. 

The parents are dictated by law to care for the child, provide financial, emotional and mental support to the minor child. They have also the duty to give to the child a healthy and growing environment until they reach the age of at least twenty (20). These duties and rights of the parents over their minor child is commonly called as parental power or authority under Thai law.
In simpler words, the parents have the duty to support the child until the child is capable of living independently on their own.

Mutual Agreement for Child Custody

In the case of uncontested divorce, the parents enter into a divorce agreement concerning the custody of the child, visitation rights and child support.   Child custody and support in this case would not be so much of an issue as both parents of the have agreed on how this important matter be handled.  However, for such an agreement to be valid, it must be signed by two witnesses and registered with the district office at the time of registration of the divorce.

Child Custody Disputes

Apparently, most often than not, a divorce is not always uncontested. Divorce is quite a difficult phase for both spouses especially when there are children who may be affected by the dissolution of the marriage. Other scenario also includes those spouses who are separated in fact but had not divorced, and one of the spouses would seek custody of the child. These situations result in child custody disputes.

Where the spouses enter into divorce proceedings at the courts, the judge in the divorce case has the power to make an order determining who should be granted the custody of the child.  Should the judge determine that neither parent is in a position to act in the best interests of the child, parental powers will be vested in a third person acting as a guardian in place of the parents.

The court shall determine how much child support is payable by one parent to the other by considering the incomes of the parents, the expenses of the children and other factors.  Subsequently, the parent granted custody of the child shall have the right to receive payment for child support on behalf of the minor child.