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In Thailand, including Chiang Mai, the issue of child custody comes under the Civil and Commercial Code of Thailand. According to this code, if parents are married, both are regarded as having equal custodial rights. In the event of a divorce, the rights will be decided by a court order. If parents aren't married, the mother is given automatic custody. This can be disputed through a legal process. However, the court will always make decisions based on what is seen as the best interest of the child.
You may need a lawyer in a number of scenarios. Divorce proceedings can often lead to disputes over child custody. If you believe that your child's best interests are not being served, you may wish to dispute the automatic custodial rights given to the mother. Similarly, if there are concerns about the safety or wellbeing of the child, you may need legal advice to navigate the situation. Other cases could include situations where the other parent is not complying with a custody arrangement.
As previously mentioned, Thai law favors mothers in cases where the parents are not married. However, in divorce cases, the court makes decisions. In general, they look at factors including the way in which the parents have previously taken care of the child, the child's preference (if they are mature enough), the parents' behaviour, and the ability of each parent to care for the child. In addition, Section 1566 of the Civil and Commercial Code details circumstances under which custodial rights can be denied or limited. These include negligence, misconduct, and the presence of danger to the child.
1. Can the father win custody if the parents were not married? Yes, but it might be challenging. While the mother usually gets automatic custody under Thai law, the father can dispute this in court by proving that it serves the child's best interest. 2. Can I move my child out of Thailand after I get custody? The custodial parent has the right to determine the residence of the child. However, the other parent can object in court if they believe it harms the welfare of the child. 3. What happens if the custodial parent dies? If the primary custodial parent dies, the noncustodial parent usually gains full custody. If both parents are deceased, the court may assign guardianship to another family member or guardian.
Legal consultations and services on Child Custody can be obtained from a number of law firms in Chiang Mai. In addition, sources such as Thai Law Forum or translations of the Thai Civil and Commercial Code can provide valuable additional information.
If you feel you need legal assistance in a Child Custody case, the first step is to find an attorney specializing in family law in Chiang Mai. They can help you understand the local laws and navigate the legal process. Always remember that the court seeks the best interests of the child, so retaining a lawyer can assist you in demonstrating that your desired custodial arrangement meets that goal.
