Get custody of children upon divorce in Vietnam

In a custody dispute case, the litigant must prove the specific conditions that he or she can meet for the best development of the children. From there, the Court will based on the interests of the children decide to hand over the children to the party with the best conditions to directly raise and take care of the children. Apolo Lawyers - Solicitors & Litigators (+84 903 419 479) provides Clients with information to note when gaining custody of children after a divorce in Vietnam.

1. Some conditions the Court may consider when deciding to award children custody:

According to the Law on Marriage and Family provisions, husband and wife agree on who directly raises children and the rights and obligations of each party towards the common children.

However, in case the parties cannot reach an agreement, the Court shall decide to assign the children to one party to directly raise them based on the best conditions for the development of the children, specifically:

• Physical conditions such as food, accommodation, living, learning conditions...

• Mental conditions such as Time to care and teach; education of children, the love they have had for them ever since; conditions for the entertainment of the children, moral character, educational level... of parents.

>>> Read more: How to get the fastest divorce in Vietnam?

Get custody of children upon divorce in Vietnam

2. Can the ages of the children affect the grant of custody?

In addition to the conditions that a husband and wife can meet for their children, the age of the children is also a factor for the Court to consider to decide whom to give custody to, specifically:

In case the children are whole 07 years old or older, the Court must consider the wishes of the children.

Children under 36 months of age shall be assigned to their mothers to directly raise them, unless the mothers are not eligible to directly look after, care for, raise and educate the children or the parents have other agreements in the interests of the children.

>>> Read more: Why Do You Need A Lawyer When Getting A Divorce?

3. Rights of parents to their children after divorce

After a divorce, the person who does not directly raise the children still has certain rights and obligations towards the common children, specifically:

• The person who does not directly raise the children is obliged to respect the right of the children to live with the person directly raising the children;

• Persons who do not directly raise children are obliged to support their children;

• Persons who do not directly raise children have the right and obligation to visit their children without being obstructed;

Note: in case the person who does not directly raise the children abuses visitation to obstruct or adversely affect the care, care, upbringing and education of the children, the person directly raising the children has the right to request the Court to restrict the right of a person to visit the children.

>>> Read more: Procedure for divorce with a foreigner without marriage notes in Vietnam

Get custody of children upon divorce in Vietnam​

4. Cases of change of person directly raising children after divorce

In case the person directly raising the children is no longer eligible to look after directly, care for, nurture and educate the children, the next of kin, the state management agency in charge of the family, the state management agency in charge of children, the women union has the right to ask the Court to decide on the change of the person directly raising the children.

However, if both parents are not eligible to raise the children directly, the Court shall decide to hand over the children to the guardian.

APOLO LAWYERS