Who gets custody in Thailand?

When it comes to child custody in Thailand, it is important to understand the legal aspects involved in determining who gets custody of the child. Whether it is for married couples going through a divorce or unmarried couples parting ways, the issue of child custody must be handled with fairness and legality in mind.

Parents vs. Court Decision

In Thailand, the decision of who will have primary child custody can either be made by the parents themselves or by the court. If the parents are able to come to an agreement without the court’s intervention, they can have more control over the decisions regarding their child’s well-being. This includes discussions on living arrangements, visitation rights, financial responsibilities, educational plans, and other important aspects of the child’s life.

Unmarried Couples

For unmarried couples, the mother is typically granted sole custody of the child. However, for the father to have legal rights over the child, he must first register the child’s legitimacy at the local district office. This process is essential before the father can enter into a joint legal custody agreement with the mother.

Legitimization Process

It is important to note that under Thai law, the biological father is not automatically recognized as the legal father, even if his name is on the child’s birth certificate. In Thailand, a child born out-of-wedlock is considered the legitimate child of the mother. Therefore, the biological father must take steps to legitimize his relationship with the child in order to obtain legal rights.

If you are facing issues related to child custody in Thailand, it is crucial to seek legal advice and guidance from experts in family law. Our team of family lawyers at My Thai Love provides comprehensive legal services and advice on how to proceed with securing a fair and legal custody agreement for your child.

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