Section 1566 — Parental power after divorce
Statutory text (Thai original)
แก้ไขเพิ่มเติมโดยพระราชบัญญัติแก้ไขเพิ่มเติมประมวลกฎหมายแพ่งและพาณิชย์ (ฉบับที่ ๑๐) พ.ศ. ๒๕๓๓ [231]
Verbatim from the Royal Gazette / Office of the Council of State
English translation
A child is subject to parental power as long as he is not sui juris. The parental power is exercised by the father or the mother in any of the following cases; 1. the mother or the father is dead; 2. It is uncertain whether the mother or t he father is living or dead; feedback (/form/1-samuiforsale-contact-form.html?tmpl=component) / 3. the mother or the father has been adjudged incompetent or quasi-incompetent; 4. the mother or the father is placed in a hospital by reason of mental infirmity; 5. the parental power has been granted to the mother or the father by an order of the court; 6. the mother or the father have come to such agreement as provided by the law that it can be made.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1566 is what every contested-custody case in Thailand turns on. The court's overriding criterion is the child's welfare — financial means matter, but stability, emotional bond with each parent, and the child's own preference (especially after age 12) are weighed equally. The court can award sole custody to one parent (most common in high-conflict cases), joint legal custody with one parent having physical custody (increasingly common), or true shared physical custody (rare). Foreign parents face an uphill battle for primary custody if the child has lived primarily with the Thai parent, but joint legal custody (preserving visitation, schooling decisions, travel rights) is achievable.
Supreme Court decisions interpreting this section
- 3902/2568 (2025) ★ On the Father's Death, Parental Power Automatically Vests Solely in the Surviving Mother
- 2971/2544 (2001) Joint Parental Power Is Default After Divorce
Showing decisions in our database that cite this section. The list updates automatically when new decisions are added.