Children in Thailand face a variety of protection challenges including abuse, exploitation and neglect. They often experience violence in their homes, schools and online.
Fathers in Thailand can legally acquire parental power by registering their legitimation with a district office. This requires the mother and child to express consent for the application and appear before a registrar.
Paternity
The first step in gaining custody rights is to establish paternity. This can be done by applying for legitimation at a local district office, with both the father and the mother signing their application in the presence of a registrar. If they do not object or appear within sixty days of being notified (or 180 days if abroad), it is presumed that they consent to the application. The registrar then effects registration of the father’s rights.
Paternity is important for legal purposes in Thailand, especially when it comes to inheritance and guardianship. In addition, child legitimacy is necessary for foreign parents who wish to seek visas or citizenship for their children. Having a thorough understanding of the laws, processes and ramifications of Thai child legitimation is crucial for families to ensure that their best interests are upheld.
A father’s right to legitimize his child can be waived if the court finds that it is not in the child’s best interest. This is why it is so important to have a lawyer that has extensive experience in Thai family law to guide you through the process and make sure that all of your rights are protected. Legitimation also gives fathers equal parental power and rights to the mother, which includes being able to make decisions concerning their children’s education, health care, religion, and welfare.
Custody
The right to child custody in Thailand (also known as parental power) is one of the most significant rights that a parent has. It enables the individual to control and direct the child’s education, welfare, upbringing, and general well-being. However, a child’s best interests are the main criterion when deciding on custody.
Under Thai law, a father who is not married to the mother can acquire custody of their children through child legitimation. This can be done through marriage, court action or government registration of paternity. Until paternity is legally recognised, the mother has exclusive rights to their illegitimate offspring.
When a father applies for legitimation of his children, the law requires the mother and the child to express their consent in front of a registrar. If both parties fail to appear within sixty days (or one hundred and eighty if they are outside of Thailand) from the date they were notified of the application, it is presumed that they do not agree.
Once a father is legitimated, they can have equal custody rights as the mother and can use their surname and citizenship for the children. They also have the legal right to inheritance if a deceased parent leaves them property. In addition, if the child is taken by a non-parent without custody rights, the father can file for custody with a court.
Parental Rights
Parental rights are a crucial aspect of a child’s legitimacy. If a father wants to exercise custody rights over a child in Thailand, or want to inherit a deceased parent’s property, the law requires him to prove paternity through a legitimation process. It is also a legal requirement for parents to maintain and educate their children, as well as provide financial support when necessary.
This is a fundamental principle of Thai law, and reflects the cultural and social factors that underpin its family-centered society. It aims to ensure that children born outside marriage are not deprived of the benefits and privileges enjoyed by those born within a marital union.
To apply for legitimation, a father must present himself in person and express his consent to the application in the presence of a registrar. The mother and the child must be notified of the application, and if they do not object or respond within sixty days (or one hundred and eighty days if they are abroad), it is assumed that they consent to the father’s request.
In some cases, custody issues can be addressed alongside the legitimation case by petitioning the court to assess the father’s suitability to exercise partial or full custody over the child. However, it is important to note that once a father has established his legitimacy through the legitimation process, his parental rights and obligations are irrevocable.
Evidence
A number of factors can influence child legitimacy in Thailand, including cultural and social influences. For example, many Thai families have a strong sense of social responsibility to ensure their children succeed in school. Consequently, they put in long hours at work to afford tutoring schools and extracurricular activities. This can result in reduced family time and increased stress on parents.
Similarly, many Thai people have a high level of respect for the authority of teachers and school administrators. This can affect the treatment of children and how they are disciplined. In some cases, this can lead to abuse or neglect of children. In other cases, it can lead to over-stressing of certain subjects and excessive pressure on students to perform well.
The legal system in Thailand recognizes the importance of both parents in a child’s life and allows for visitation rights for foreign fathers. However, the process of claiming these rights can be complex, especially for non-Thai citizens. For this reason, it is important to consult an attorney with experience in Thai family law.
Fathers who wish to establish parental ties have several options in Thailand, including subsequent marriage, court action, and government registration. Legitimation reduces the societal stigma associated with illegitimacy and can also provide financial security for children through their father’s legal obligation to support them.
