Whenever married couples with children decide to get a divorce in Thailand or go their separate ways, child custody issues are often the main concerns for any legal agreement. Obtaining child custody in Thailand is a long and hard process, considering its slice of complications. One can obtain custody of a child by mutual consent of both parties or by decision of the court in Thailand.
Child Custody in Thailand
The easiest route to gain child custody in Thailand is through mutual consent. For married couples in the process of an uncontested divorce, it’s as easy as making a divorce agreement that would draft how the custody will be shared between the parents. For unmarried couples, the mother has full custody. The father should process the legitimacy of the child if he wishes to exercise his custodial rights. The father can access a custody agreement after child legitimation in Thailand.
If the divorce in Thailand does not come up with an agreement for child custody in Thailand, then it’s more difficult and requires patience and determination. For married couples, the judge handling the divorce case gets to decide the custody rights. For unmarried couples, the father can file for custody if he registers for legitimacy of the child and under the Thai family law, the court shall decide if it should grant full or partial custody, or reject the petition itself. It also has the authority to revise custody orders, establish child support and visitation rights, and discontinue custody rights. Child custody can change anytime when the parent without custody or prosecutor appearing in behalf of the child files a request.
Whichever country you are from, child custody cases can take a long time to make a resolution. Choosing the right Thai lawyer would mean that you have prepared for the whole process, knowing how to present yourself in the family court hearings. Good lawyers are also aware of the cultural differences that could help with your case.