Regulations on changing the person directly raising children after divorce in Vietnam

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Regulations on changing the direct caregivers for children after divorce in Vietnam

This article provides detailed information on the legal regulations related to changing the direct caregivers for children after divorce in Vietnam. From necessary conditions to legal procedures, the article helps readers understand more about the process and important factors to consider to protect the rights and best interests of children.

Based on Article 84 of the 2014 Law on Marriage and Family, regulations on changing the direct caregivers for children after divorce are as follows:

"1. In cases where there is a request from the father, mother, or individuals or organizations specified in paragraph 5 of this Article, the Court may decide on changing the direct caregivers for children.

2. The change of direct caregivers for children is resolved when one of the following bases exist:

a) Parents agree on changing the direct caregivers for children in accordance with the child's best interests;

b) The direct caregivers are no longer capable of directly caring for, nurturing, educating the child.

3. The change of direct caregivers for children must consider the wishes of the child aged 7 and above.

4. In cases where both parents are deemed unfit to directly care for the child, the Court shall decide to assign the child to a guardian as stipulated in the Civil Code.

5. In cases where there is a basis as stipulated in point b of paragraph 2 of this Article, on the basis of the child's interests, individuals, agencies, organizations have the right to request a change of direct caregivers for children:

a) Close relatives;

b) State authorities in charge of family affairs;

c) State authorities in charge of children;

d) Women's Union."

Therefore, there are the following cases of changing the direct caregivers for children:

- Parents agree on changing the direct caregivers for children in accordance with the child's best interests;

- The direct caregivers are no longer capable of directly caring for, nurturing, educating the child.

- If both parents are deemed unfit to directly care for the child, the Court shall decide to assign the child to a guardian.

The agreement to change the direct caregivers for children by the couple must stem from the voluntary agreement of both parties, based on the child's best interests.

In cases where the couple cannot agree on changing the direct caregivers for children, if the wife wishes to regain custody of the child, she must prove that the husband is no longer fit to care for, nurture, educate the child, which affects the child's rights and interests, and request the court to decide on changing the direct caregivers for children.