Best Interest — §1520 eight factors
Bond with each parent, physical and mental welfare, capacity to care, environment and schooling, the child's own view above age 10, history of violence, financial stability and distance between the parents' homes.
NYC · A5 Service
Child Custody & Parental Rights in Thailand
NYC's family team has handled 300+ expat and cross-border custody cases under the Civil and Commercial Code Book V §§1566-1585, including Hague Convention on Child Abduction 1980 return orders.
- Cases handled
- 300+
- Majority age
- 20 years
- Court duration
- 6-12 months
- Fees from
- THB 45,000
Quick answer
In Thailand, married parents share parental authority (§1566). After divorce, courts decide on the Best Interest of the Child (§1520). Support averages THB 15,000-40,000/month based on means. Cross-border matters apply Hague 1980 (Thailand acceded 2002). NYC offers a free first consult; case fees start at THB 45,000.
Cross-border cases & Hague 1980
Thailand acceded in 2002. If a foreign parent removes the child from Thailand without consent, the other parent files a Return Order via the Central Authority (Ministry of Justice). Return within 6 weeks is the treaty target. NYC handles both outbound and inbound petitions.
Child support under §1564
Fixed by real needs — international-school fees average THB 500K-1.5M/year. Rule of thumb: 15-25% of the non-custodial parent's net income, reviewable every 2 years for inflation.
Legitimation & unmarried fathers
Unmarried fathers register legitimation at the amphur (§1547) with the mother's and the child's consent (age 7+). Without maternal consent, DNA proof is required in court.
How it works
- 1. Free fact-finding call
60-minute LINE/Zoom review covering marriage certificate, birth certificate, divorce decree (if any), evidence of relationship and dispute.
- 2. Out-of-court Parenting Plan
70% of custody matters settle with a notarised Parenting Plan MOU at the amphur — saving 8-10 months.
- 3. Petition to Juvenile & Family Court
If negotiation fails, we file for authority + support + visitation with Best-Interest evidence.
- 4. Social-worker evaluation
The court appoints a social worker for a 60-90 day home study and interviews children aged 10+.
- 5. Judgment & enforcement
After judgment, arrears are enforced via the Legal Execution Department — 30% wage garnishment, asset seizure or criminal action under §334.
FAQ
Can foreigners file in Thailand?
Yes — Thai courts have jurisdiction if the child or either party is in Thailand (Family Court Jurisdiction Act §6). NYC coordinates with foreign counsel on cross-border enforcement.
Can the child choose?
From age 10 the court interviews the child; from 15 the view weighs heavily but cannot override the Best Interest standard.
Divorced abroad — do I need to refile in Thailand?
Yes if assets or the child remain in Thailand. Recognition of the foreign judgment plus amphur divorce registration. NYC handles this end-to-end for THB 65,000.
How is support enforced?
30% wage garnishment via the Legal Execution Department, bank account seizure, property attachment, or criminal action under §334.
Do grandparents have visitation?
Thai law does not codify grandparent visitation, but a court may include it in a Best-Interest order. NYC can also negotiate it into an MOU.
Talk to our team
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