Child custody becomes very important when you are going to be leaving Thailand and your wife or Fiancee has a minor child. There may be issues with the visa and setting the child in Australia if the biological father objects if custody was part of a divorce settlement. Always take legal advice when there are children involved. The child would require an Australian Child visa to move to Australia if the mother is moving to Australia under an Australian spouse visa or Australian Fiancee visa. Always take legal advice in this regard.
By Mutual Consent
- This type of child custody is applicable for married couples who have undergone a divorce and has an existing agreement for child custody in Thailand, wherein the parents have already discussed on how custody shall be shared between them. The said agreement should also include how child support shall be exercised and visitation rights. This kind of agreement should be signed by two witnesses and should be registered together with the divorce at the Local District office to make it legit.
- For unmarried couples, only the mother of the child has sole custody if the child was born out of marriage. If the father wants to obtain custodial rights, the child should first be registered as his legitimate child. To be able to do this, the father should register legitimacy at the local district. The father will be allowed full or joint custody of the child, provided that the mother has given consent as well as further agreements with both parents.
By Court Decision
- This type of child custody is applicable to married couples who have undergone a contested divorce, wherein the judge in the divorce shall be the one to decide who gets custody of the child. The judge can also appoint a guardian in place of the parents if the child asks for one. The judge is authorized to take away custody from an incapable parent if he or she shows signs of misconduct and abuse of parental power. Any parent without custody may file a petition for change of custody anytime.
- For unmarried couples, child legitimacy for the father can be filed with the child custody case. The court will then decide whether the father is capable to having sole or shared custody of the child.
Once the legitimation has been registered, it cannot be revoked. Any interested party may apply for cancellation of the registration on grounds that the person applying for legitimation is not the father of the child. In cases where there is an objection to the applicant regarding to not being the father of the child and the applicant for legitimation has brought action to the court for an order stating him as the child’s father, the child or the mother may file a petition in court in the same case stating that the applicant for legitimation is not a suitable person to exercise parental power, regardless if he is the father of the child. Speak about that with a child custody lawyer in Thailand.