Thailand Family Law exercises the best interest of the child as their top priority in determining a child custody case.The battle for child custody in Thailand between parents arises from different situations. Usually, child custody arguments happen when married couples decide to terminate their marriage by filing for a divorce. Many times, unmarried parents are also involved in child custody disputes. Although in some cases, married couples who are separated but not divorced are also entitled to fight for their custody rights in Thai Family courts.

Under the Thai Child Custody Law, both parents have full custody rights over a child unless the Thai court changes these parental rights. However, biological fathers who are unmarried does not have custodial rights unless with a legal court order. The father’s legal right as a parent of a child is established by the discovering of legal paternity. This differs from simple biological fatherhood. A legal marriage to the mother of a child usually establishes lawful paternity and automatically gives custodial rights to a father. However, in cases of unmarried parents, paternity can be filed by the biological father seeking his rights or in any case a mother, soliciting child support from the father.

When a man marries a biological mother during the time she gives birth or shortly afterwards, the man is considered by Thai law to be the lawful father of the child. In this case, it is possible for a man to be honored as the lawful father and be legally entitled with parental rights even though he is not the biological father of the child. (See: Paternity rights in Thailand)

It is also the usual standard in child custody cases in international courts and most western jurisdictions. Thus, with the assistance of social workers, the Thai court analyzes the behavior of the parents and child development issues.

The main objective in a Child Custody battle is to win the case and defend the client’s interests. However, provided the sensitivity in the nature of the cases, compassion, understanding and patience is also very important. Therefore, family court lawyers are defendants of the clients and also sympathetic counselors.

 

 

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