Child custody disputes between parents can arise in the course of a divorce case, between unmarried parents and even between spouses who choose to remain married. According to Thailand law, both lawful parents of a child have full custodial rights. However, legal issues often surround the finding of paternity. In other words, Thailand law requires that a father be the “legal” parent, as well as the biological parent, to have father’s rights. Women, on the other hand, when they are the birth mother are considered by Thai law to be the lawful parent without additional court or administrative processes.
Father’s legal rights as a parent of a child are established by a finding of legal paternity. Legal paternity differs from mere biological fatherhood. Many cases have, as a main issue, the establishment of legal paternity. Cases can be filed by a biological father seeking father’s rights, or by a mother, seeking child support from a biological father or to enforce other legal responsibilities that a lawful father has (for example, inheritance rights).when a man is married to a biological mother during the time a woman gives birth or shortly thereafter, that man is deemed to be the lawful father pursuant to Thailand law. Therefore, it is possible for a man who is not the biological father to be deemed the lawful father and be vested with parental rights and responsibilities.
Child custody cases are handled in Thailand Family courts. The main consideration used by the courts in determining custody is: what is in the best interest of the child. The “best interest of the child” is also the standard in similar cases in western jurisdiction. Accordingly the behavior of the parents and child development issues are analyzed closely by the Thai court with the assistance of social worker reports.
The Role of Social Worker Analysis
The Observation and Protection Center (“OPC”) has been established by the family courts of Thailand to allow for a preliminary social worker evaluation of the parents and the child involved in a child custody dispute. The report of the OPC is forwarded to the Family Court to assist with determination of the child custody issues prior to the litigation of the issues in Court.
Thailand Child Custody Attorneys
Chaninat and Leeds’ family law lawyers have decades of courtroom and counseling experience in family law matters, including child custody, child support, property and asset disputes, divorce, separation, guardianship and revocation of custody, and parental rights cases.
Our primary objective in all child custody cases is to win cases and defend our client’s interests. However, given the sensitive nature of child custody cases, we also understand the importance of compassion, understanding and patience.
Therefore, our role is dual: we are defenders of our clients and also sympathetic counselors and problem solvers.
The following issues are just examples of the issues that can arise in a custody case:
- Granting custody to one parent
- Termination of custody rights of a parent
- Modifying custody orders
- Establishing legal custody rights
- Child support
- Child visitation rights
- Joint custody
- Termination of custodial rights
- Hague convention on child abduction