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06 มิถุนายน 2555

Child Custody in Thailand

Child Custody in Thailand

Thailand child custody issue always arises when spouses having children are divorcing or when spouses decide to live separately. Additionally, the child custody is often an issue for an unmarried couple who has children born out of marriage.

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What are the custodial rights under Thai law?

Under the Civil and Commercial Code of Thailand (CCCT), the term of the rights of custody is called “parental power”. The parental power is exercised by the father, the mother, or a third person who is a legal guardian of the child until the child reaches the legal age (20 years old), and a person exercising parental power has the right as follows:

  1. To determine the child’s place of residence
  2. To discipline the child reasonably
  3. To require the child to work, consistent with his or her abilities and status
  4. To demand the return of the child from someone else, including another parent who does not have custody rights and unlawfully detains the child
  5. To manage the property of the child with the restriction that selling, mortgaging, and exchange the property of the minor child must obtain the approval of the court

Child custody in Thailand can be obtained by two procedures as follows:

  1. By the mutual consent of the parties
  2. By the decision of the court

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Two Procedures for obtaining the child custody in Thailand

1. Child Custody agreed by mutual consent

2. Child Custody decided by the court