Child custody and support

       If the parents divorce in Thailand, what happens to the children? Well, if it's a divorce by mutual consent, the parents can agree in writing about who has custody, and can agree to have joint custody.
       If the parents don't agree, the judge in the divorce case can decide who gets custody.
       A court can also, at the time of divorce or later, take away custody if a parent is incompetent, has abused his or her parental power or is guilty of what the judge considers gross misconduct.
       Custody, both at the time of divorce and later, can be given to a third party such as a grandparent under these circumstances. And it's not just a parent that can request of a court that a non-parent have custody. The public prosecutor can, too.
       The rights of custody, called "parental power" in the Thai Civil and Commercial Code, are as follows, and apply whether the parents are divorced or not. If they're not divorced, both parents have the right to exercise these powers:
       To determine where the child lives;
       to discipline the child reasonably;
       to require the child to work, consistent with his or her abilities and status;
       to demand the return of the child from someone else, including another parent without custody, who unlawfully detains the child.
       Custody can be changed by the court at any time on application of a parent or the public prosecutor on the child's behalf. Even if a parent doesn't have custody, he or she is entitled to visitation of the child. In the case of divorce by mutual consent, the parents can agree on how visitation is to work. With divorce by court judgment, this will be covered in the court's decision.
       A parent with custody may manage the property of a child, such as that inherited or received from the other parent as part of a divorce settlement. This management must be exercised with the care of someone with "ordinary prudence", however, or the parent may be liable to the child.
       As to a minor child's property, there are a number of transactions that require court approval if a parent wants them, such as:
       Deals, including sale and mortgaging of property;
       loans;
       guarantees.
       The situation we see as lawyers all the time is that a foreign person has a Thai spouse and a child with a Thai citizenship. The foreign parent consults with us about putting land (which foreigners can't own in Thailand) in the child's name.
       We respond that this is possible, at the discretion of the land office authorities, but if the parent will want to sell it while the child is a minor, a court order will be required. Practically speaking this will require expense and the consent of the Thai spouse.
       When a child reaches majority, at the age of 20 in Thailand, the parent or parents managing the child's property must turn it over to him or her and give an accounting as to how it's been managed.
       If a child has income, for example child support payments from another parent, the parent with custody must use it for the maintenance and education of the child. If the parent with custody, however, does not have other income sufficient to support him or herself, the child's income may be used for this purpose unless the source of the income was subject to a condition that the parent with custody not use it for his or her own support. You should understand, therefore, that if your spouse has custody of your child or children, that if you don't want to support your ex-spouse, too, you must condition the support on your ex-spouse not using the money to support him or herself.
       What about child support? Whether the marriage is still in force or has been ended, parents have a duty to support and educate their minor children. Parents have a duty to support an adult child, too, if that child is sick and unable to earn a living. Parents can enforce these obligations against each other in court, as with custody issues, and the public prosecutor has a right to bring an action against a parent for child support in court, as well.