In Thailand, the legal system upholds the principle of fairness in custody cases, extending the possibility for either parent, regardless of nationality or gender, to apply for sole (100%) custody of their child, even when the applicant is a foreign male and the other parent a Thai woman. Contrary to common misconceptions, Thai courts do not inherently favor locals over foreigners in legal proceedings.

The case in question serves as a poignant example of this equitable approach. It highlights the importance of overcoming such misconceptions and how, by placing trust in one's attorney and the Thai judicial system, foreign parents can effectively assert their rights and desire to provide the best for their child.

Our client, an American citizen married to a Thai woman, had a child during their marriage, who was two years old when our firm took on the case. They were married in Thailand and later moved overseas for work. During their time abroad, the wife committed adultery. Upon discovering this, our client wanted to file for divorce and obtain 100% custody of the child. However, at that time, they were still living overseas.

The client reached out to our firm to file for divorce and 100% child custody, citing adultery as the grounds for the divorce. Furthermore, he sought compensation from both the wife and the man involved. We filed the case at the Family Court in the South of Thailand. Our team of lawyers assigned to the case carefully reviewed the facts and evidence provided by our client and ensured that our complaint was straightforward and clear.

Throughout the court hearings, we presented a strong case supported by evidence against the wife, and both defendants admitted to the facts presented in our complaint. As a result, both defendants agreed to settle in court under the terms and conditions proposed by our client. Our client was granted 100% child custody, and the court issued a divorce order. Our client was not required to pay spousal alimony. In return, our client chose not to pursue compensation from both defendants, understanding that they were unable to pay.

The case ran for about seven months, during which our team ensured that every time we represented our client in court, we were able to defend our claim against both defendants. Divorce in Thailand requires a great strategy and action plan against the Defendant, ensuring that the complaint presented to the court is strong enough to either let the court decide we win or to make the other defendant settle and negotiate.

The final outcome of the case was a success for our client, who obtained 100% custody of the child and was able to finalize the divorce without being required to pay spousal alimony after the court issued the final order.

At Juslaws & Consult, our family law department is able to help with the custody of your child.
For more information see: Thailand Family Law