With single parents there is the issue of child custody born out of wedlock children. As a result of divorce among parents are disagreements on child custody, or this situation may also arise even among unmarried parents. For married couples, both parents have joint custodial rights over the child under Thai law. However, if unmarried, legitimation must be filed first on court by the father to be able to process custody over the child. Once the legitimation has been registered in the court, it must go to the district for formality. By then, it cannot be revoked.

Custody Born out of Wedlock

At some instance, there will be objections regarding legitimation in Thailand as not being the father of the child, thus the child itself, or the mother must file a petition in court stating that the person is not suitable to exercise parental power over the child, regardless being the father of the child.

There are different scenarios concerning child support, regardless married or unmarried, conflicts will arise as both parties decide to separate or end their relationship. Among divorced couples, child custody are filed in court. It has never been easy especially when child is involved, as both wants to take over the child. Also, at some situations, the mother of the child claims for child support from the biological father, but there will also be situations wherein the father with custodial rights will seek child support from the mother of the child.

However, if both parties come up with an agreement for the child, it can be drafted and stated in the divorce agreement. For unmarried parents, it is always difficult to go for settlement which would result to file in court depending on circumstances.

The child custody cases are being evaluated and decided by the Central Juvenile Family Courts of Thailand. Factors will be evaluated and considered prior to proceedings. It is always the priority of the Family court to decide for the benefit and advantage of the child. This is a very basic overview of child custody born out of wedlock children in Thailand.