Child Custody, Support, and Legitimation in Thailand

When it comes to family law in Thailand, understanding the legal terms surrounding child custody, support, and legitimation can be very confusing, stressful, and time-consuming. Nonetheless, the situation does not necessarily have to be so complicated. 

This article aims to provide clarity and guidance on the obligations and rights of parents under Thai law, focusing on the well-being of children involved in family disputes. 

Whether you are navigating the challenges of separation or seeking to establish legal ties with your child, this guide provides important insights into the legal processes in Thailand. 

Child Support 

Both parents must share the financial responsibility for their children until they reach 20 years old as this is the legal age of adulthood in Thailand. This requirement will remain in place regardless of your marital status or living arrangements. 

Child Support Arrangements

Child support in Thailand can be settled either through mutual consent between divorcing parents or by court order. 

Court Order

In cases where parents are divorcing and cannot come to a mutual agreement to settle the child support issue, the court often mandates the noncustodial parent to provide financial support to the custodial parent. 

Similarly, child support may be ordered when both parents share custody or child-raising responsibilities. The court will determine the amount of child support based on the child's needs and the paying parent's financial capacity.

If the child is born out of wedlock, the biological father is not legally obligated to provide financial support unless a legitimation case is brought to court in Thailand. The court can address issues of legitimation, child custody, and child support within the same case.

Divorcing Parents 

Child support can be resolved by parents during the divorce agreement. The amount and method of payment laid down in the parents' agreement will be binding. 

If the noncustodial parent fails to fulfill their agreed-upon child support responsibilities, the custodial parent has the right to petition the court for action.

Usually, the biological father is not legally required to automatically provide child support. However, the father can enter into a child support agreement with the mother, which becomes valid once registered with the district office.

A divorce agreement cannot be finalized without child custody and support arrangements. Once these agreements have been signed with two witnesses present, the divorce must be registered at the district office for validation before being considered finalized.  

Use of Child Support Payments

Child support payments can only be used for the child's expenses, including:

• Food
• Shelter
• Clothing
• Medical care
• Educational needs

These funds are not for the custodial parent's personal use but strictly for the child's welfare.

Child Support Enforcement

For custodial parents facing non-payment issues, Thai law provides mechanisms to enforce child support agreements or court orders. Legal action can be taken to ensure that financial obligations are met, safeguarding the child's well-being and rights.

Child Custody

When spouses with children decide to divorce or live separately in Thailand, the issue of child custody inevitably arises. Unmarried couples who have children born out of wedlock may also face challenges regarding child custody.

Custody Arrangements

There are two main ways to get custody in Thailand:

1. Agreement between parents

Divorce with Child Custody for Married Spouses:

• In cases of divorce by mutual consent or uncontested divorce, parents can create a custody agreement detailing how custody will be shared, along with visitation rights and child support.
• For the agreement to be valid, it must be signed by two witnesses and registered with the district office during the divorce registration process.

Child Custody for Unmarried Couples:

• If an unmarried couple has a child, the mother initially has sole custody.
• To grant custody rights to the father, the child must be legitimized by registering the father's paternity at the local district office.
• Legitimization allows for joint or sole custody, depending on agreements between the parents.

2. Court Decision 

Child Custody for Married Spouses:

• In cases of divorce granted by a court judgment or “contested divorce,” the judge presiding over the case will determine custody arrangements.
• Alternatively, the judge may appoint a third-party guardian if it serves the child’s best interests.
• Custody may be revoked if a parent is deemed incompetent, engages in misconduct, or abuses parental authority. Any concerned party, including the public prosecutor on behalf of the child, can petition for a change in custody at any time.

Child Custody for Unmarried Couples:

• If the father of a child born out of wedlock files for legitimation in Thailand, custody issues can be addressed alongside the legitimation case.
• The court will assess the father's suitability to exercise partial or full custody over the child within the same legal proceedings.

These methods ensure that the child's welfare is the priority, whether custody is shared or assigned to one parent.

What are the Custodial Rights? 

Under the Thailand Civil and Commercial Code (TCCC), the rights of custody are legally termed as "parental power." 

This responsibility falls to the father, the mother, or a legally appointed guardian until the child reaches the age of 20 years old and is legally considered an adult. Those with parental power have the following rights: 

• Determining the child's place of residence
• Disciplining the child reasonably
• Requiring the child to work according to their abilities and status
• Requesting the child's return from anyone, even a parent without custody rights who is unlawfully holding the child.
• Managing the child's property, subject to court approval for selling, mortgaging, or exchanging the minor child's property.

Legitimation of a Child

In Thailand, the issue of legitimation often arises when unmarried couples have children born outside of marriage. The process of legitimating a child is governed by the Thailand Civil and Commercial Code (TCCC). According to this law, a child born to an unmarried woman is considered legitimate, with the mother holding sole parental rights. However, the biological father still has avenues to legitimize their relationship with the child through various means:

• Subsequent marriage between the biological parents
• Registration initiated by the biological father
• Court-issued judgment

Procedures for Legitimation

Marriage

The father can legitimize the child by marrying the mother and including the child's information in the marriage registration application.

Administrative Registration

The father may apply for legitimation at a local district office, requiring consent from both the mother and child. If consent is not obtained within 60 days, or if paternity is disputed, a petition must be filed with the court.

Court Judgment

Legitimation by the court requires the father to provide acknowledgment of paternity, notification of birth, and evidence of cohabitation, as well as provide for the child's education or maintenance.

Additional Evidence for Legitimation

Supporting evidence for the legitimation of a child may include DNA test results, photographs demonstrating the relationship between the father and mother during her pregnancy, witness statements confirming the father's acknowledgment of paternity publicly, and proof of financial support such as payment of hospital bills or other expenses for the mother and child.

Process After Legitimation Judgment

Following the court's judgment on the legitimation of a child, the father has the option to register the child's legitimation at the local district office where the child resides. Moreover, if the petition for legitimation also addresses custody matters, the court will determine the father's suitability to exercise custody rights over the child within the same proceedings.