Child custody has been a common issue for married couples who sooner or later need to part ways. This is also an issue for couples who do not consider marriage a preference at all. The answer to the big question of who shall take primary child custody and who shall exercise parental power? must be handled legally and fairly.
Either the parents or the court can decide who will have primary child custody after divorce. If the parents are able to negotiate without the court’s decision, they can keep better control over present and future decisions on behalf of the child. For couples going through an uncontested divorce, they can create an agreement to specify how to share custody between them. Both parents may jointly discuss the child’s living situation, visitation rights, daily financial responsibility, educational plans, and other important needs.
For unmarried couples, the mother shall have sole custody of the child. The father must first register the child’s legitimacy at the local district office. This procedure of legitimizing the child is necessary before a father can enter into a joint legal custody agreement with the mother.
The biological father is not recognized as the legal father under Thai law, even if his name is on the birth certificate of the child. In Thailand, a child born out-of-wedlock is the legitimate child of the birth mother. The biological father is not the legitimate father. Therefore, he shall have no legal rights over the child unless the father takes action for the child’s legitimization.
Be aware of your rights and obligations to your child. Our family lawyers here at Magna Carta Law Firm, with family law expertise, provide comprehensive legal custody services and advice. They will guide you on how to legally proceed and arrive at a fair legal custody agreement.
