Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.
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A short video from ThaiLawOnline on child custody in Thailand for foreign and mixed-nationality parents. Below the video you will find the key points in writing, common questions and a link to our full guide.
Table of Contents
Key points
- Thai law speaks of parental power: married parents exercise it together (Section 1566 of the Civil and Commercial Code).
- On a divorce by consent, the written agreement states who exercises parental power; if the parents cannot agree, the court decides (Section 1520).
- Courts decide on the best interests of the child, not on the nationality or wishes of a parent.
- A child born to unmarried parents is the legitimate child of the mother only. The father obtains parental rights through legitimation (Section 1547).
- Taking a child abroad after a separation raises specific issues: plan it with legal advice before travelling.
These points summarise the law as set out in our full guide, Child Custody in Thailand, which is reviewed regularly. The video gives an overview; the written guide is the up to date reference.
About this video
| Title | Child Custody in Thailand |
| Channel | ThaiLawOnline on YouTube |
| Language | English |
| Published | 23 September 2023 |
| Watch on YouTube | youtube.com/watch?v=i19OwEJUssA |
| Full written guide | Child Custody in Thailand |
Frequently asked questions
Who gets custody after a divorce in Thailand?
Parents divorcing by consent decide in their written agreement who exercises parental power. If they cannot agree, the court decides according to the best interests of the child.
Does an unmarried foreign father have custody rights in Thailand?
Not automatically. The child is legitimate only to the mother until the father legitimates the child, by registration with consent, by marrying the mother, or by a court judgment under Section 1547.
Can a Thai court give custody to a foreign parent?
Yes. Nationality is not decisive. The court looks at the child’s welfare, stability and the care each parent can give.
Get help from ThaiLawOnline
Custody questions depend on the facts. Book a consultation (2,000 THB per hour, paid in advance) or read the full guide: Child Custody in Thailand.
ThaiLawOnline has advised foreigners in Thailand since 2006, entirely online, in English, French and Thai. Book a consultation or write to info@thailawonline.com.
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