Who Gets Custody of Children in a Unilateral Divorce in Vietnam?

Divorce is never easy, especially when children are involved. One of the most emotionally charged issues in any divorce is the question: Who gets custody of the children? In Vietnam, this matter becomes even more complex in the case of a unilateral divorce, where only one spouse files for separation without the consent of the other. This article aims to clarify how child custody is determined under divorce laws in Vietnam, particularly in unilateral divorce cases, and what factors courts consider when deciding whether children should live with the father or the mother. 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?

According to Article 56 of the Law on Marriage and Family 2014, unilateral divorce in Vietnam refers to a situation where one spouse requests to terminate the marriage without the other party agreement. This is different from consensual divorce, where both parties agree on the dissolution and related matters such as property division and child custody.

To obtain a unilateral divorce, the petitioner must prove that the marriage has seriously deteriorated, that the couple can no longer live together, and that continuing the relationship would be harmful to one or both parties. Understanding what is unilateral divorce is essential before addressing child custody issues.

Who Gets Custody of Children in a Unilateral Divorce in Vietnam?

2. How is Child Custody Decided in Vietnam?

When it comes to child custody in Vietnam, the law prioritizes the best interests of the child above all else. If the divorcing couple cannot agree on custody arrangements, the Court will decide.

Article 81 of the Law on Marriage and Family provides:

• Children under 36 months old are generally entrusted to the mother unless the father proves he is more capable of ensuring the child’s well-being.
• For children over 36 months, custody decisions are based on various factors such as emotional bonds, living conditions, and the ability of each parent to care for and educate the child.

3. Key Factors Courts Consider in Unilateral Divorce Custody Cases

3.1. Child Age and Needs

As mentioned, very young children are usually placed with the mother. However, this is not absolute and can be challenged.

3.2. Parent Ability to Provide Care

The Court examines the financial capability, emotional support, time availability, and parenting history of each parent.

3.3. Emotional Bond with the Child

If a child is emotionally closer to one parent, this may influence the Court decision, especially in older children.

3.4. Child Opinion

For children aged 7 and above, the Court may consider the child wishes, although it is not the sole determining factor.

3.5. Living Environment

The Court will assess whether the parent living conditions are suitable for the child physical and mental development.

These elements are vital when determining parental rights after divorce, especially when the custody dispute is part of a unilateral divorce process.

Who Gets Custody of Children in a Unilateral Divorce in Vietnam?

4. Apolo Lawyers provides consulting services on unilateral divorce procedures

Understanding what is unilateral divorce is only the first step in navigating the complex terrain of divorce and custody issues. In Vietnam, Courts strive to protect the child’s best interests and ensure a fair outcome for both parents. Whether you are a mother or father, it is crucial to prepare strong evidence, understand your rights, and seek legal advice when pursuing custody during a unilateral divorce.

To better understand the cases of unilateral divorces as well as divorce issues. You should find a reputable divorce lawyer to authorize a lawyer. 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: When Does the Court Not Accept a Unilateral Divorce?

>>> Read more: Fastest Unilateral Divorce Procedure in Ho Chi Minh City

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