Child Custody. Child custody Thailand...

Child Custody
child custody Thailand.

Parental control is decided by the courts if the parties to the divorce in Thailand cannot agree. This is how it usually is done in Thailand during a divorce.

If the marriage is deemed to be void the parties may be able to agree about parental powers and monthly maintenance. This agreement would be made in writing. If no agreement can be reached, the courts will decide on parental control and maintenance. If however there is reason to deprive one of the spouses of parental control under Section 1582 the courts may appoint a guardian. Parental control may be deprived of someone who has been declared incompetent or quasi-incompetent. This also extends to anyone who is guilty of gross misconduct, bankrupt or likely to endanger the child/children’s property. The courts may however in the case of bankruptcy only deprive the person only of the right to management of the property. Parental control in the above is covered by Section 1499/1 of the Thai Civil and Commercial Code.

In the matter of a divorce in Thailand based on mutual control, the parties will decide on the child custody themselves in terms of Section 1520. Should they not be able to agree then an application to court would have to be made for the courts to decide on parental control of the child or individual children. If however the person with parental control (a guardian) behaves improperly application to court in terms of Section 1521 would be instituted. The courts would then decide on a new guardian to exercise parental control.

Even in an unopposed or uncontested divorce in Thailand the need to ensure that none of your rights are infringed on is important. Always obtain the services of a divorce attorney in Thailand to at the very least draft your divorce agreement for you. Parental control is an important issue especially where one spouse might have had children not of the other. Child custody is also very important when one parent may decide to move back home, be it in Thailand or back home to his/her native country. Always ensure your rights of parental control during a divorce in Thailand. Consult a divorce attorney in Thailand today about parental control / child custody.