Do Kids Have a Say in Custody After Divorce in Vietnam?

Divorce is always a difficult decision, especially when it involves children. One of the most emotionally sensitive and legally debated questions is: Do children have the legal right to decide which parent they want to live with after a divorce in Vietnam? Vietnamese law, particularly the Law on Marriage and Family 2014, provides specific guidance on this matter, ensuring that all decisions serve the best interests of the child. In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or Hotline (+84) 903 419 479 for the best advice and support.

1. Legal Grounds for Child Custody in Vietnam

Under Article 81 of the Law on Marriage and Family 2014, when parents divorce, they are encouraged to agree on who will directly raise the child: "Upon divorce, parents shall agree upon the person directly raising the child, and the obligations and rights of each party toward the child." If no agreement is reached, the court shall decide based on what is in the child overall best interests including physical, mental, emotional, and educational development.

Do Kids Have a Say in Custody After Divorce in Vietnam?

2. Do Children Have the Right to Choose?

Yes, but with important limitations. The child right to express their wish is recognized only from the age of 7. Clause 2, Article 81 states: "If the child is full 7 years old or older, the court shall consider the child wishes."

This means, the child opinion must be heard, but The court is not obliged to follow the child choice if it conflicts with their best interests. So, while children can express their preference, this is not a deciding right, but merely one of several factors the court takes into account.

3. Key Factors Courts Consider When Deciding Custody

Vietnamese courts assess a wide range of elements, including: The emotional relationship between the child and each parent; Financial stability and living conditions of each parent; Parental care capacity, employment status, and lifestyle; Any history of domestic violence, abuse, or neglect; The child wishes, if they are at least 7 years old

Only when the parent chosen by the child is proven to provide a safe, stable, and nurturing environment will the court likely grant custody accordingly.

4. What Should Parents Do in Custody Disputes?

Parents involved in custody conflicts should: Avoid influencing or coercing the child decision; Respect the child mental and emotional needs; Cooperate with the court process; Present strong evidence proving their capacity to care for the child; Consult with a qualified family lawyer to protect both parental rights and the child welfare

Do Kids Have a Say in Custody After Divorce in Vietnam?

5. Apolo Lawyers provides consulting services on unilateral divorce procedures

In Vietnam, children aged 7 or older have the legal right to express their preference regarding custody after their parents divorce. However, this does not guarantee that the court will follow the child choice. The final decision always rests with the judge, based on a comprehensive evaluation of what best serves the child long-term well being.

If you are facing a child custody issue, it is essential to seek professional legal advice to navigate the complexities of Vietnamese family law.

Our company provides fast unilateral divorce services in Ho Chi Minh City such as:

• Advice on the right to request the Court to settle divorce;
• Advising on conciliation procedures at the grassroots level;
• Advise on divorce proceedings;
• Advising on grounds for divorce;
• Advising on regulations on consent divorce and divorce at the request of one party;
• Advice on principles of the property division upon divorce and procedures for property division;
• Advice on divorce settlement procedures at the Court.

Hopefully, with the information we shared above, Apolo Lawyers has helped you better understand the cases in which a unilateral divorce is not allowed. In order for the divorce to be resolved quickly, the divorce petitioner can conduct the divorce procedures by himself or ask for divorce procedures consulting service. When coming to the divorce procedure consulting service at Apolo Lawyers, with a team of knowledgeable legal consultants, they regularly guide and prepare divorce documents.

Divorce is a quite complicated procedure. If you still have any questions, do not hesitate to contact Apolo Lawyers – Solicitors & Litigators. Hotline: (+84) 903. 419. 479 and Email contact@apolo.com.vn to be supported and helped in the most optimal way.

>>> Read more: Property division after divorce in Vietnam according to the latest regulation in 2023

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