Child custody in Thailand
Child custody in Thailand is always going to take time to settle if there is litigation involved. Many times child custody as well as child alimony payments are settled by agreement however other times the children are used by either party to get more financial benefits in the divorce settlement. These types of divorces do become violent as they do make the Bangkok Post from time to time. Always speak to a child custody lawyer in Thailand and consider all the options available to you.
Child custody in Thailand
Divorce and Child Custody
Most child custody issues in Thailand tend to come from a divorce. If there was no litigation where there was a no fault divorce or unopposed divorce then most times it comes down to what Thailand calls an administrative divorce. The divorce agreement is a mutually agreed divorce agreement and child custody including child custody, child alimony as well as access to the children. These agreements get registered with the local Amphur office in your district in Thailand. If there was a litigated divorce then the child custody is normally set by the courts in Thailand.
Legitimation and Child Custody
If a child is born out of wedlock then normally people would want child custody and child legitimation is the first step in this regard. This occurs when you have a child with someone you are not married too. The mother of the child then becomes the sold guardian and sole custody of the child. You will need to read the part on child legitimation and how this process works. The mother can either agree or you would need to make an application to court in this regard.
If you are going to want sole custody of the child then you will need to show very good reason why this is so as well have documented or video evidence as proof. Much like litigated divorces, child custody battles do cost more than average as a private detective will need to be hired for this as well. You will need to show also why you should have sole custody and not a court appointed guardian who will more likely than not be a family member.
Child Custody in Thailand only get into drawn out battles not so much over the child alimony payments but over access to the children and the ability to allow the children to visit you in your home country. Problems with regards to child kidnapping is not unknown in Thailand and you will again require the services of a private detective to find the child.
The next problems comes with access to the property which is in the name of the child. Usually the mother would be the guardian of the child and should there be property which has been left in the name of the child, disputes do occur as to who has the legal control over the property. If you are going to leave property in the name of your children then it is best advised to seek proper legal assistance in protecting this property. Many expats place the house (being that foreigners cannot own land in Thailand) in the name of their child.
During a divorce this may raise the issue of the property rights and who can sell it. This occurs where people do not take proper legal advice beforehand as the options of a usufruct or superficies was an option when buying the property. Speak to a family lawyer when it comes to child custody in Thailand.
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