Parental Rights In Thailand

[dekbahnnok]

The Thai mother of my daughter ran away with my daughter. We are not married. I am registered as the father on the birth certificate. My daughter is registered on her Thai grandfather's "By Tabien Bahn" in Suphanburi. How do I gain my visitation rights as her father? Her mother is in contact and meets with my friends, but refuses me access to my daughter.

[SunbeltAsiaExpert]

Custody of a child is naturally borne by the mother unless there are substantial grounds that the mother is incapable of taking care of the child. Based on Thai Law, an unmarried father of a child has no parental rights whatsoever over the child even if the father’s name appears in the Birth Certificate of the child. There are two ways in obtaining parental rights over the child: 1) by marriage – this grants the father immediate rights over the child; 2) for an unmarried couple, by court order or affidavit at the District office. If the child is above 7 years old, you may simply obtain an affidavit of child custody at the District Office. This usually just takes a day or two. However, if the child is below 7 years old or is unable to recognize the father, then a court order must be obtained which usually takes 6 months or so. Disputes about parental rights and custody are also dependent on which jurisdiction of law is responsible. While Thai Law explicitly states that the unmarried father has no parental rights over the child this only has direct application in the courts of Thailand. Other courts in different countries have different views on this subject, hence, the local law will apply on that particular court where custody/visitation are being raised. Lastly, if you are married out of Thailand, you must obtain an affidavit at the District Office in order for the marriage abroad to be recognized. This document is called Kor ror 22 or commonly known as “Report of Marriage Abroad”. This then grants the father immediate parental rights under Thai Law.

www.sunbeltlegaladvisors.com

[Mario2008]

As said, you currently have no rights, as you are not the legal father of the child.

Since the mother probably disagrees, you will have to go to court to be recognized as the legal father. That will take some time.

Once your parenthood is established you can get parental rights, and the duty to pay maintenance cost for your child.

Thai courts normally don't award a parent sole custody, so it is reasonable to expect that you will get some visitation rights like every other weekend. The main reason to deny it would be that you are a danger to the child.