Child Custody Thailand
Courts in Thailand do not recognise Sharia law so all judgements will be based on Thai civil law. Child custody in Thailand can be resolved by mutual agreement of both parties and by court decision. The nature of a child custody in Thailand is a battle which also relies on the marital status of the couple involved. Marriage would grant both parties an equal amount of responsibility to the child, and both can have access to the child depending on the agreement made or the ruling of the court. Fewer options are provided for unmarried couples. Under Thai law, sole custody is given to the mother of the children. The father is required to prove paternity of the child before any custody battle in court.
Child Custody Thailand
There is an increase in divorce cases in Thailand today, resulting to the many child custody disputes. Every child custody case is different, and the best option for both the parents and the child would be to come up with a mutual agreement over the situation. Taking the case to court should always be the last option if possible. However, this would not always be possible as to majority of the divorce cases are caused by alcoholism, gambling and other abuse problems which requires involvement of the court to pass judgement. For illegitimate children you will first have to apply for legitimisation in this regard. You should also read (See also : How to apply for child custody) for more information.
More and more families in Thailand are struggling with alcoholism and gambling, and it is said to be causing domestic and family abuse directly or indirectly. For those parents seeking for custody rights, being free from these vices will give them a much stronger chance to win any child custody battle if their partner is struggling with these problems. Thai courts would prioritise that the child be placed in a much safer environment, and ensuring that they are removed from an environment where these problematic issues are present. Though Thai law favours the mother of the child when it comes to child custody cases, it should be known to both parents that the addition of vices or abuse in a case, regardless of the parental power, will definitely win a child custody dispute. The same with many other countries, when both parents are found incapable of providing a healthy family environment for the child, then the court will have to appoint a legal guardian for the child until the child reaches legal age. Also note the article on Child Support in Thailand.
Child custody battles can become expensive and may take a long time to come up with a final judgement, but if these factors such as abuse or gambling problems are brought up to prevent a mutual agreement to be reached, then the best solution will be to bring the case to court to make sure that a custody arrangement is set for the best interest of the child. Speak to a family lawyer in Thailand about that.