Very common today in Thailand is stepson legitimation. Establishing child legitimacy in Thailand is to provide evidence to show that the relationship among the father and the child is genuine. This is not limited to the connection through bloodline but also with the fact that the father is able to provide for child’s welfare such as education and maintenance.

If the father is evaluated and proved unable to be a father to the child, the case will be dismissed.

Stepson legitimation:

• –          A petition must be filed in court.
• –          Examination background of both parents by a social worker.
• –          Submission of report evaluation to the Juvenile Division, this assessment is not present in court but will only serve as reference on decision.
• –          Negotiation on agreement in court between the parties, with a mediator present wherein agreement will be put into writing, and then officially signed by a judge.
• –          If there is no agreement finalized between the parties, a court trial will take place.
• –          The judge will come up with the final decision.
• –          Custody rights will be registered and finalized after the judgment or an agreement if any case.

In cases of Thailand father legitimation or the recognition of paternal rights, the court can only grant joint custody over the child. There will be another process involved for the amendment of joint custody to sole custody. See further reading on child legitimisation.

The Plaintiff or the applicant filing the petition should first go through the process of legitimation on his rights before submitting a request on court decision regarding child custody.Process may vary depending on where you are filing the petition from, standard, the judge will issue a court order for father legitimation and must file another one for child custody, but for some cases, they combine both steps on legitimation and child custody.

When instances arise that there is a court settlement and both parties must come up with an agreement, it would recognize and highlight parental powers of parents. This will determine and provide details to which custody is granted, including visitation rights and child support.