Child Custody in Thailand
Child custody is a very important topic in Thailand, especially as there are more and more international couples who come from different countries with different cultures about raising children. Having children enter this already challenging situation can create difficulties. However, when it comes to child custody in Thailand, there are 2 main ways in which custody can be determined.
The 2 Main Ways Child Custody is Determined in Thailand
The first way is through agreement from both sides, meaning the father and mother agree on the terms of how to take care of their child or children in Thailand. This can also involve legal guardians who are not biological parents.
This first way of mutual agreement for child custody in Thailand can further be separated into Thailand child custody for married couples and Thailand child custody for unmarried couples. Being married in Thailand and determining Thailand child custody through mutual consent involves going to the district office. For Thailand child custody for unmarried couples, this involves discussing with the child’s mother as well as making the father’s position legal in the eyes of the Thai government.
The second way of determining child custody in Thailand is through the court. These two matters are discussed more in detail below, as this process can get complicated. However, it is the most common solution for couples who cannot agree on the terms of child custody in Thailand.
When Is Child Custody Usually Determined
Usually the custody of children (who will take care of the kids) is determined when there is a divorce in Thailand. However, this is not always the case. The matter of custody can come about when there is a death of one of both of the child’s parents. Child custody may also be debated if there is abuse from the mother or father of a child in Thailand. This article will review the topic of child custody in Thailand so that you can understand more about what to do with your own children in Thailand.
Child Custody for Married Couples
In Thailand, marriage is typically defined as being in a relationship and registering the marriage at the local district office, also known as the amphur or the khet. Registration of marriage in Thailand requires several documents, so if you are planning to get married in Thailand, please review the TFL article on how to get married in Thailand. If you have registered your marriage in Thailand and then you have children, you will have a responsibility for those children according to the relevant sources of Thai law, namely the Civil and Commercial Code.
Responsibilities of the Parents
As a parent of a child in Thailand, you have responsibilities to that child. As the mother or father of a kid in Thailand, you must decide where that child will live. This can be with you or with a relative, as long as a standard level of care is being given from that relative. In addition, discipline is a right and responsibility given to parents in Thailand. As part of this good discipline, some parents will exercise the third responsibility of parents in Thailand, which is to have your child do work around the house or even in a job. Finally, as the parent’s mother or father, you have the right to require that child to return to stay with you and away from someone else. Thus, if the child runs away from home or is staying with another person, the mother and father have the legal right to demand that child to come back.
Child Support in Thailand
One of the elements of child custody in Thailand and taking care of a child in Thailand is to also provide financial support for him or her. Whilst there can be arguments between mother and father in regards to who is providing the financial support for the children, the law says that the child must be cared for. In the case of a divorce in Thailand, then this issue will also come up. If you have reviewed our information on divorce in Thailand, then you know that there are two (2) types of divorce in Thailand – uncontested and contested.
In the case of an uncontested divorce, many foreigners do not know that child custody is being decided on the divorce forms at the district office. Many people will go to the district office and blindly trust the person who actually will not have much care for what happens – the person you are divorcing. It surprises us when we see some foreigners do this. Later, they get stuck with significant financial responsibility for the ex-wife and children from the marriage. It is the duty of the mother and father of a child to provide financial support for this child. Accordingly, if the parents split up, the parent who will primarily take care of the child or children in Thailand are due financial support.
For example, if you are the father of a child in Thailand, in the event of getting divorced from your Thai wife, you will need to send money for the child’s upbringing, assuming the child stays with the mother. Many people ask us what a reasonable amount of money will be for child support in Thailand. This depends on many factors, so what is considered “reasonable” can change from case to case. However, the general expenses that must be covered include school, clothing and other essentials, a place to live, and food and medicine. If you have an uncontested divorce in Thailand, then this is decided on the documents you submit to the district office.
In the case of a contested divorce, which is a divorce in Thailand that you sue for, then these matters will be debated and decided by the judge. The judge in the family court in Thailand will look at your financial situation as well as that of your spouse. If you make significantly more than your spouse, or if it appears that way, then the judge would try to put the burden on you. It is important to adequately prepare for court, in order to put you in the best situation for child support and child custody issues that come up.
If You Are Not Married and Have a Child in Thailand
If there is a child that was born in Thailand to unmarried people, then the relevant sources of Thai law (at the time of writing) give 100% custody of the child to the child’s mother. However, if you would like to have the position of a legal parent over this child, you can apply for this.
If Your Ex Will Not Pay You Child Support in Thailand
The solution to this issue is to engage a lawyer to force compensation to be made through the Legal Execution Department, which is part of the Courts of Justice / Ministry of Justice system. Let’s say your ex-spouse makes 450,000 baht per month, and you make around 50,000 baht per month. If you are the primary caregiver to the child, and there was a contested divorce (or even if there was an uncontested divorce in certain situations), you deserve to receive fair compensation for the raising of the child. You cannot use this money for other purposes, but it can provide a better life for the child.
Frequently Asked Questions (FAQ)
We have included the below FAQ to help increase clarity on the issue of child support in Thailand.
A: This depends on if you and your Thai wife can agree on these terms or not. Do you think she will continue to follow the agreement months or years later? If you think the agreement will stand, then you should engage our law firm to manage the uncontested divorce. If you think that your Thai ex-wife will change her mind in the future, then you should engage our law firm to sue for divorce, showing that you will be the better caregiver for your son.
A: Through mutual agreement or through the court. Each also has further factors related to the husband and wife being married or not.
A: Most child support matters will be determined in the Central Juvenile and Family Court.
A: Yes, you can. We would want to check if you were listed on the birth certificate or not, and then we would want to apply for you to become the official father of your daughter.
A: You might want your son or daughter to have citizenship from your home country or other benefit. Some parents do not want their sons to have to enter the army draft in Thailand, for example.
A: We will need to examine the details of your case first, but it may be necessary to sue for divorce in this case. In court, the judge will attempt to have you and your Thai wife come to an agreement through the mediation process. However, if no agreement can be made, then the matter will go to trial.
