Custody of children is very important. The parent who shall have primary custody of the child after a divorce in Thailand can be decided by the parents themselves or by the court. If both parents are able to come up with a negotiation regarding child custody and support, there will be a much better control over future decisions to be made in behalf of the child. Speak to a lawyer in Bangkok for assistance.
Custody of Children in Thailand
Both parents may come to an agreement on the child’s living condition, visitation rights, education and daily financial responsibility. For those undergoing an uncontested divorce in Thailand, an agreement can be drafted specifying how custody will be shared between parents. However, for unmarried couples, the mother shall have sole custody of the child unless the father has registered the legitimation of the child at the local district office. The child legitimation process is important and should be done prior to entering into a custody agreement with the child’s mother.
Child support in Thailand is usually exercised by a non-custodial parent as his or her legal obligation in supporting the child financially. Child support can be settled by a court order or by a written agreement between the parents stating the amount of support to be paid to assist with the financial costs of raising the child after separation. Child support agreements can include provisions regarding the method of payment for child support, education of the child, health costs and other expenses for the child’s benefit. Child support shall be given in periodical payments, unless agreed upon by both parents.
For changes in the circumstance or condition in the life of the parties involved, a request can be made for adjustment in Child support. For mutual consent of divorce, both parties may request to amend the contribution agreed upon and attached to the Divorce Certificate at the Local District Office. For divorce by court judgement, the court is authorised to make alterations on the support by cancelling, reducing, increasing or re-establishing the amount of support to be paid when the party can show proof that there has been a change in his or her life condition.
In Thailand, children born out of wedlock are deemed to be the legitimate child of the mother. The custody of children is very important to both parents. The biological father shall not be considered as legitimate and shall not be given any right over the child, and is not bound by Thai law to pay child support unless he acknowledges through a legitimation process that he is the legitimate father of the child. It is advisable to consult a family lawyer in Thailand. Remember that custody of children can take time and can be costly.