Do you understand a child custody agreement? Conflicts arise when divorcing couples have a child, regardless, if the child was from previous marriage or relationship or current marriage. The civil and Commercial Code of Thailand has given parental power that can be used by either of the parents or even any third person, as long as appointed by law to act as legal guardian of the minor child, until the child reaches legal age.

Child Custody Agreement

A person who is granted parental power will have the right to the following:

• – To determine the child’s residence or place of domicile
• – To discipline the child
• – To oblige or give responsibility to the child for some work in relation to child’s capability
• – To demand the return of the child from the other who does not hold custody rights
• – The management of child’s property in which certain restriction applies on court approval in reference with the sale, mortgage or exchange of property.

Child Custody Agreement

–          On Mutual Consent

For married couples who have gone through mutual agreement on divorce, the terms on child custody are stated in the Divorce Addendum. It specifically state the child support or visitation rights which has been signed by witnesses and registered during the time of divorce at the same district office.

For those couples who have children born out of wedlock, the law in Thailand states that the custody of the child belongs to the mother solely. If by any chance the father of the child wishes to file for child custody, he must first register for the legitimacy of the child.The child legitimacy filed by the father, if granted by the mother of the child will allow the father on joint custody or sole custody over the child.

–          On Court Decision

For married couples who have gone through divorce by court judgment, the judge who initiated the divorce will be the one to decide to whom custodial rights are given over the child. The judge may also appoint a third party if required, as the legal guardian of the child, until the child reaches legal age. The said judge has the authority as well to revoke child custody from the parent if found to be irresponsible and abusive over the child.

For those couples who have children born out of wedlock, the father can file for child legitimation. The legitimation and the Child custody cases can be petitioned together on court. The court, on the other hand will then decide if the father has the right to be granted joint or sole custody of the child.