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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Parental power (อำนาจปกครอง, amnat pokkhrong, also translated as parental authority or, loosely, custody) is the legal authority over a minor child that Section 1566 of the Thai Civil and Commercial Code vests in the parents. It is the Thai equivalent of custody, but a bundle of statutory powers rather than a court label. Who holds it decides who can choose the child’s school, sign for a passport, consent to medical treatment and represent the child in a legal act.
Table of Contents
Who holds parental power and what it contains
Section 1566 places a child under the parental power of the father and mother. It rests with one parent alone where the other has died or it is uncertain whether they are alive, has been declared incompetent or quasi-incompetent, has been admitted to hospital for mental illness, where the court so orders, or where the parents have agreed in a case the law allows. A child born to unmarried parents is the legitimate child of the mother only, so she holds parental power alone until the father is legitimated under Section 1547 by marrying the mother, registering at the amphur with the consent of mother and child, or by court judgment. Even then, Section 1549 lets the mother or child, within 90 days of being notified of the registration, have the registrar record that the father is unfit to exercise parental power in whole or in part; he then cannot exercise that part until a court rules in his favour or 90 days pass without them asking the court to confirm it.
Section 1567 lists what the power contains: determining the child’s residence, discipline to correct the child, which may not amount to cruelty or to physical or mental violence, requiring work suitable to the child’s ability, and demanding the child’s return from anyone who detains them unlawfully. The holder is also the child’s legal representative under Section 1569 and manages the child’s property under Sections 1571 to 1574, with court permission required for acts such as selling the child’s land. Parental power ends at majority, age 20.
Where a foreign parent meets the rule
The first practical point is the birth certificate. A foreign father named on a Thai birth certificate has no parental power unless he was married to the mother or has since been legitimated; the certificate records a fact, not a status. Without legitimation he cannot apply for the child’s passport, cannot object to the child leaving Thailand, and has no standing in a custody dispute. The guide to legitimation of a father’s rights sets out the three routes and the 60-day consent window at the amphur.
Where both parents hold parental power, each can act alone in day-to-day matters, but the amphur, immigration and the passport office often ask for a consent letter (Por Kor 14) from the other parent before a child travels or a document is issued. Separating parents should record who exercises parental power in the divorce agreement under Section 1520; taking a child abroad without consent risks an abduction claim.
Custody orders, deprivation and the child’s welfare
On divorce, the spouses agree who exercises parental power or the court decides under Sections 1520 and 1521, on the child’s welfare. Joint parental power remains possible after divorce. The parent without it keeps a right of visitation and the duty of maintenance under Section 1564, which runs until the child is 20, so losing parental power does not end child support.
Section 1582 allows the court to deprive a parent of parental power, wholly or in part, where the parent has been declared incompetent or quasi-incompetent, misuses the power over the child, or behaves badly; a parent who goes bankrupt or mismanages the child’s property can instead lose the management of that property. The court may act on its own motion or at the request of a relative or the public prosecutor. Deprivation is reversible when the cause ends (Section 1583). The proceedings belong to the Juvenile and Family Court, as described in the guide to child custody in Thailand.
Last reviewed: 27 September 2026. Civil and Commercial Code sections 1520, 1521, 1547 to 1549, 1564, 1566, 1567, 1569, 1571, 1574, 1582 and 1583 were read in Thai. Whether joint parental power may continue after divorce, and the passport and travel-consent practice described above, are practice points, not re-read from a statute in this review.
Frequently asked questions
Does an unmarried foreign father have parental power in Thailand?
No, not automatically. A child born outside marriage is the legitimate child of the mother, who holds parental power alone under Section 1566. The father acquires legal parenthood only by marrying the mother, registering legitimation at the district office with the consent of the mother and child, or obtaining a court judgment under Section 1547.
What is the difference between parental power and custody in Thailand?
They are the same concept under different names. Thai law does not use the word custody; it speaks of parental power under Section 1566, the bundle of rights to decide the child’s residence, upbringing, property and legal representation. A custody order in a Thai divorce is an order about who exercises parental power.
Can a parent lose parental power in Thailand?
Yes. Under Section 1582 the Juvenile and Family Court can deprive a parent of parental power, entirely or in part, if the parent has been declared incompetent or quasi-incompetent, misuses the power over the child, or behaves badly; bankruptcy or harmful management of the property of the child can cost the parent the management of that property. The order can be lifted if the cause ceases, and the duty to pay child support continues regardless.
See also: parental rights, legitimation (Section 1547), child custody, child support, full (sole) custody, and the guide to child custody in Thailand.
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