Gaining Custody in a Unilateral Divorce in Vietnam

What is unilateral divorce, and how does it affect child custody in Vietnam? While divorce is never easy, the battle for child custody in a one-sided divorce can be even more complex and emotionally draining. If you are considering filing a unilateral divorce in Vietnam and want to gain custody of your child, this article will help you understand what preparations are necessary and how to give yourself the best chance of success in court. 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. What Is Unilateral Divorce in Vietnam?

Under Vietnamese law, a unilateral divorce is when one spouse files for divorce without the consent of the other. According to the Law on Marriage and Family 2014, a court will only grant a unilateral divorce if there is evidence of serious marital conflict, domestic violence, or a situation where cohabitation is no longer possible.

In such cases, child custody becomes one of the most contentious issues. The court must determine what arrangement best serves the interests of the child not necessarily the wishes of the parents.

Gaining Custody in a Unilateral Divorce in Vietnam

2. Key Factors the Court Considers in Child Custody Decisions

When determining custody in a unilateral divorce in Vietnam, the court evaluates multiple factors to decide which parent is more suitable to raise the child:

• The emotional and physical needs of the child;
• Financial capacity to care for and raise the child;
• Living conditions and housing stability;
• Moral character and behavior of the parents;
• The child wishes, if the child is over 7 years old. 

Thus, simply being the biological mother or father does not guarantee custody. The court will always prioritize the best interest of the child.

3. What You Need to Prepare to Gain Custody

To gain an advantage in custody proceedings during a unilateral divorce, you must be well-prepared both emotionally and legally. Here are key preparations to consider:

3.1. Collect Evidence of Parental Responsibility

• School records showing your involvement;
• Medical records indicating your care;
• Photos, videos, or messages proving your bond with the child;
• Witness testimonies from teachers, neighbors, or relatives. 

3.2. Demonstrate Financial Stability

• Proof of stable income (salary slips, tax returns);
• Bank statements showing regular spending on the child;
• Ownership or lease of suitable housing. 

3.3. Avoid Conflict and Maintain a Clean Record

• Avoid verbal or physical confrontations with your spouse;
• Avoid violating previous court orders or visitation rules;
• Keep a respectful and cooperative attitude during proceedings. 

3.4. Hire an Experienced Divorce Lawyer

Having a lawyer with experience in Vietnamese family law and child custody cases can make a significant difference in building a strong legal argument for your custody claim.

4. When Is Joint Custody Considered?

Vietnamese law does not formally recognize "joint custody" in the way some Western countries do. However, the court may allow both parents to maintain relationships with the child, even if only one parent is granted primary custody. Visitation rights will be specifically stated in the court decision.

5. Apolo Lawyers provides consulting services on unilateral divorce procedures

At Apolo Lawyers, we understand how stressful a unilateral divorce can be especially when it involves the future of your child. 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: Resolving Spousal Realations in Unilateral Divorce

>>> Read more: Can a Pregnant Wife Get a Divorce in Vietnam?

APOLO LAWYERS