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.
Last updated on September 5, 2026
Full custody (อำนาจปกครองแต่เพียงผู้เดียว, sole custody, in the Code sole parental power) is the position where one parent alone exercises parental power over a child, so that the other parent no longer shares decisions about residence, schooling, medical care or travel. Thai law does not use the word custody; it speaks of parental power under Sections 1566 and 1567 of the Civil and Commercial Code. Sole parental power arises by agreement registered at the district office, by court order, or by operation of law when the other parent dies or is declared incompetent.
Table of Contents
How Thai law creates sole parental power
Section 1566 starts from the rule that a child is subject to the parental power of both parents. It then lists when one parent exercises that power alone: the other parent is dead or cannot be found, has been declared incompetent or is confined for mental illness, a court has granted sole power to one parent, or the parents have agreed in the manner the law provides. Section 1567 spells out what the holder can do: fix the child’s residence, discipline the child reasonably and demand the child’s return from anyone keeping the child without right.
At divorce, Section 1520 requires spouses divorcing by mutual consent to record in writing which of them will exercise parental power, and lets the court decide when they cannot agree or the divorce is contested. Under Sections 1521 and 1582 a court can later remove or restrict parental power from a parent who behaves improperly. The test throughout is the best interests of the child, not the wishes of either parent.
Practical points for a foreign parent
The cheapest route is agreement. In an uncontested divorce at the amphur, the registrar records a short custody clause on the divorce register. The office writes only a line or two, so parents who want detailed terms on schooling, contact and relocation bring their own signed agreement and have it referenced. That registered clause is what schools and embassies later ask to see.
Where the parents never married, the father has no parental power until he completes legitimation; the mother already holds sole power under Section 1546. A Thai birth certificate naming the father, or years of paying for the child, does not amount to shared custody. The reverse mistake is a foreign parent moving the child abroad on the strength of joint parental power alone. Section 1567(1) gives the right to choose the child’s residence to whoever holds parental power, and where that power is shared the other parent must consent; without it the case can become international child abduction.
Sole custody compared with joint parental power
Joint parental power leaves both parents with a veto on major matters. Neither can change the child’s school or take the child to live abroad without the other. Sole parental power removes that veto, which is why relocating parents seek it. It does not end the other parent’s rights entirely: Section 1584/1 preserves contact with the child, and the duty to pay maintenance under Section 1564 continues whoever holds parental power.
Courts grant sole parental power readily where the other parent is absent, violent, addicted or has abandoned the child, and reluctantly where both parents are capable and merely in conflict. There the usual outcome is joint parental power with a defined schedule of contact.
Frequently asked questions
Can a foreigner get sole custody of a child in Thailand?
Yes. Nationality is not a factor under Section 1566 or Section 1520; the court looks at the child’s welfare. A foreign parent who can show a stable home, income and involvement in the child’s daily life can be granted sole parental power, and foreign fathers regularly obtain it where the Thai mother has left or cannot care for the child.
Does full custody in Thailand mean the other parent loses all rights?
No. The parent without parental power keeps the right of contact with the child under Section 1584/1 unless a court restricts it, and remains liable for maintenance until the child turns 20. Sole parental power removes the other parent’s say in decisions, not their relationship with the child.
Can a parent with joint custody take the child out of Thailand?
Not without the other parent’s consent, a custody agreement that already permits it, or a court order granting sole parental power. The right to fix the child’s residence belongs to the holder of parental power, and when that power is shared both parents must agree. Airlines and immigration officers may ask for the consent letter before a child departs.
See also: parental powers, visitation rights, travel consent letter, Juvenile and Family Court, and the full guides to child custody in Thailand and child abduction in Thailand.
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