{"id":3927,"date":"2023-04-21T14:46:06","date_gmt":"2023-04-21T07:46:06","guid":{"rendered":"https:\/\/champ-lawfirm.com\/?p=3927"},"modified":"2024-05-01T23:38:26","modified_gmt":"2024-05-01T16:38:26","slug":"child-custody-of-the-father","status":"publish","type":"post","link":"https:\/\/champ-lawfirm.com\/en\/child-custody-of-the-father\/","title":{"rendered":"Child custody of the father"},"content":{"rendered":"

Table of Contents<\/strong><\/span><\/h1>\n
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Paternal rights<\/b><\/span><\/a><\/p>\n

Contents<\/b><\/span><\/a><\/p>\n

Thai father registered with the mother<\/b><\/span><\/a><\/p>\n

Thai father not registered with the mother<\/b><\/span><\/a><\/p>\n

Foreign father registered with the mother<\/b><\/span><\/a><\/p>\n

Foreign father not registered with the mother<\/b><\/span><\/a><\/p>\n

Misunderstandings regarding child custody issues<\/b><\/span><\/a><\/p>\n

Child legitimation?<\/b><\/span><\/a><\/p>\n

Petitioning the court.<\/b><\/span><\/a><\/p>\n

Summary<\/b><\/span><\/a><\/p>\n<\/blockquote>\n<\/a><\/span>\n

<\/div>\n

Paternal rights<\/strong><\/em><\/span><\/h2>\n

\u00a0 \u00a0The issue of father and child is another matter where the law does not provide 100% protection or guarantee, and fathers often find themselves at a disadvantage compared to the mother. Because the role of the mother in giving birth to the child is so clearly defined, the law tends to grant her rights and recognition first.<\/p>\n

Especially for fathers who have children without being legally registered as married to the mother. <\/span>This leads to problems where the mother prevents the child from seeing the father, or even goes as far as withholding the child to demand money from the father. This article will discuss the different rights of fathers in various situations whether it’s a Thai father registered as married, a Thai father not registered as married, a foreign father registered as married, or a foreign father not registered as married, and recommendations for fathers in various<\/p>\n<\/a><\/span>\n

<\/div>\n

Contents<\/strong><\/em><\/span><\/h2>\n

– Thai father registered with the mother.
– Thai father not registered with the mother.
– Foreign father registered with the mother.
– Foreign father not registered with the mother.
– Misunderstandings regarding child custody issues.
– Child legitimation and Petitioning the court.<\/p>\n<\/a><\/span>\n

<\/div>\n

Thai father registered with the mother.<\/strong><\/em><\/span><\/h2>\n

\u00a0 \u00a0According to the law, parental rights, also known as “parental authority,” begin immediately upon the birth of a child. The law specifies that if both parents are legally married and registered as such, they have joint parental authority, or simply put, equal rights. This means that decisions regarding the child’s care must be made jointly.<\/p>\n

\u00a0 \u00a0In this case, the law immediately recognizes the father’s rights equal to the mother upon the child’s birth without the need to contact the district office or go to court to establish paternity beforehand.(The exception is if it’s acknowledged that the individual isn’t the biological father and the real father takes legal action.)
Therefore, if any father is marriage register to the mother and a child is born, he automatically gains parental rights equal to the mother. The law recognizes that registering a marriage is a clear step indicating both parties’ intention to build a family together, thus establishing rights and responsibilities, including those concerning property.<\/p>\n<\/a><\/span>\n

<\/div>\n

Thai father not registered with the mother.<\/strong><\/em><\/span><\/h2>\n

\u00a0 \u00a0The most common problematic cases are those where the couple is “marriage is not registered” because the law does not automatically presume parentage. The law does not explicitly prohibit having children if not married, but when unsure if the father is indeed the biological parent, he is not granted parental rights, especially during childbirth. This is equivalent to cases where marriage is registered, meaning that in this scenario, “sole parental authority rests with the mother.” Even if the child bears the father’s surname or if the father is involved in school drop-offs and pickups, legally, decisions regarding the child solely belong to the mother.<\/p>\n

\u00a0 \u00a0The way for a father to obtain parental authority is by either “registering paternity” or “seeking court recognition.” This grants the father joint parental authority with the mother, similar to cases where marriage is registered. Paternity acknowledgment confirms the relationship between the father and child without legal ties to the mother as a spouse.<\/p>\n\t

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