Gaining custody of children during the divorce process

Custody preparation should focus on the child's daily life rather than a contest between parents. Evidence about care, education, health and stability can help the court understand the proposed arrangement and any risks that require attention.

Divorce is a challenging process, especially when it involves children. Understanding the legal complexities of child custody after divorce is important.

Vietnamese divorce procedures

The divorce process in Vietnam includes a number of legal steps that need to be followed meticulously. From filing for divorce to attending court hearings, understanding the procedures is essential. Expert legal guidance ensures that you carry out these procedures correctly, maximizing your chances of achieving a favorable outcome regarding child custody.

Law on child custody

Vietnamese law has specific regulations on child custody after divorce. Understanding these laws, such as the factors considered by courts when deciding child custody, is key. Knowledgeable legal professionals can help you grasp these nuances, allowing you to present a convincing case for child custody.

Pursuant to Article 81 of the Law on Marriage and Family 2014, the care, care, upbringing and education of children after divorce are regulated as follows:

• After divorce, parents still have the rights and obligations to look after, care for, raise, and educate  minor children or adult children who have lost  civil act capacity or are unable to work and cannot work. have assets to support themselves according to the provisions of the 2014 Law on Marriage and Family, the Civil Code and other relevant laws.
• Husband and wife agree on who will directly raise the child, and each partys obligations and rights to the child after divorce; In case no agreement can be reached, the Court will decide to hand over the child to one party to directly raise based on the child's interests in all aspects; If your child is 7 years old or older, your childs wishes must be considered.
• Children under 36 months of age are given to the mother to directly raise, unless the mother is not qualified to directly look after, care for, raise, educate the child or the parents have other agreements consistent with  interests. of children.

Legal representation and advocacy

A lawyer can advise, prepare documents and help protect lawful rights within the agreed scope of work. Vietnamese civil procedure restricts representation by authorisation for the divorce itself, so a spouse should not assume that a power of attorney replaces required personal participation. Assistance with other matters must be assessed separately under the applicable rules.

Mediation and co-parenting agreements

• What must be proven to gain custody of children during divorce?

To gain custody of  children, parents must prove that they have enough economic and mental conditions to create the best development environment for  children in all aspects: care, care, nurturing, education...

Accordingly, regarding economic conditions: One of the two must prove that they have enough material conditions in terms of income, assets, stable residence... Mentally, they must prove that they have enough time to be with each other. children, take care of them, nurture them, put them first...

• In addition, one of the two can provide additional evidence to prove that the other is not physically and mentally qualified to raise children, often commits violent acts, has unstable income, etc. .
• In some cases, mediation and co-parenting agreements can be effective alternatives to court battles. Mediation allows divorcing parents to cooperate in child custody arrangements with the help of a neutral mediator. Experienced legal professionals can guide you through this process, helping you create a balanced and practical parenting plan that prioritizes your childs well-being.

Handling divorce procedures according to Vietnamese law while gaining custody of children requires professional knowledge and sensitivity. Understanding the legal framework, child custody laws, ensuring appropriate legal representation and considering alternative dispute resolution methods are essential steps. By engaging knowledgeable legal professionals, you can ensure that your rights as a parent are protected and that your childs best interests remain at the forefront of your decision. divorce procedure. With the right legal support, you can navigate the complexities of divorce, paving the way for a stable and nurturing environment for your children post-divorce.

View more: Issues need to know when going through divorce procedures and how to get a divorce

View more: Marriage Separation and the legal framework governing separation