Thailand law recognizes the rights of both biological and non-biological fathers. If you are married to a woman who is not the child’s biological father, you will be considered a lawful father, and your rights as a parent will be protected by the law. Thailand is a good place to raise a child if you believe in its potential and are ready to work hard to secure its future.
Legal Paternity
In Thailand, legal paternity is a requirement for child custody. It must be established through a court petition. If the biological father is not married to the child’s mother, he can still file a paternity claim. If the biological father is foreign, he must follow the rules of nationality law and the embassy in Thailand.
Among other things, the biological father has to be married to the mother of the child and have the child registered as his. If the biological father cannot prove his legitimacy, he can request that a DNA test be conducted on the child. The Thai authorities will conduct the test at the requester’s expense. If the biological father denies paternity, evidence has to be presented to the court.
Divorce by Mutual Agreement
Thai law recognizes divorce by mutual agreement as a legitimate method of separating a married couple. The process can be initiated by either party and is an administrative one, which requires no direct lawyer representation. However, both spouses must be in agreement on all issues, including child custody, spousal maintenance, and other issues. Divorce by mutual agreement can be filed at the same district office where the marriage was registered. In addition, both parties must be present at the time of the divorce.
If the parents cannot agree on child custody, the child custody issue may be taken to court. Thailand has a Supreme Court Decree governing custody, which details the requirements for deciding who will get custody of the child. The law also specifies that the custodial parent must have parental authority over the child.
Legal Paternity Requirements
To establish paternity in Thailand, a biological father must marry the mother of the child, and register the child as his. In addition, there must be evidence to support the claim. The presumed father can seek the court’s approval of a DNA test, at his or her expense.
Once paternity has been established, the father can apply for child custody in Thailand. If the biological father is not married to the child’s mother, he or she may want to file a petition for legitimation. If the mother agrees, the father may be granted joint custody of the child.
Child Custody
Thailand laws have several different processes for determining who gets custody of a child. The first step in establishing child custody is establishing legal paternity. The father of a child born out of wedlock must legitimize the child in a district office before the mother and the father can reach an agreement on joint custody. In Thailand, the biological father of a child has no legal rights to the child until he legitimizes him.
If the couple cannot agree on the custody of a child, Thailand will usually grant the mother sole custody. However, biological fathers can also apply for joint custody. In either case, the mother must consent to the application in order for the father to be recognized as the child’s legitimate parent.
Parental Rights of Unmarried Fathers
Parental rights of unmarried fathers are often overlooked in Thailand. While Thai child custody laws give equal rights to both parents, unmarried fathers do not have any legal rights until they can establish legal paternity. Legal paternity is determined by a legal marriage to the birth mother. After the child is legitimized, the father can apply for joint custody or sole custody.
Whether a father has legal parental rights in Thailand depends on his age and the circumstances of the birth. Most Thai children are born to unmarried parents. However, there are some exceptions. If the child is older than seven years old, the father can apply for legal parent status.