Learn about child custody disputes according to Vietnamese law

1. Conditions for Obtaining Child Custody

According to Section 81 of the 2014 Marriage and Family Law, after divorce, parents still have the right and obligation to care for, nurture, and educate minors, adults lacking civil act capacity, or minors who are unable to work and have no assets to support themselves.

Husbands and wives agree on who will directly be granted child custody as well as the obligations and rights of each party after divorce regarding the child; if there is no agreement, the Court will decide to award custody to the direct caregiver for the child's best interests in all aspects; if a child is 7 years of age or older, the child's wishes should be considered.

Children under 36 months old are directly cared for by the mother unless the mother is not able to provide care or if there is another agreement suitable for the child's best interests.

2. Child Custody Disputes Under 36 Months Old

Most people naturally believe that custody of children under 36 months old belongs to the parents who have the responsibility to provide for their child. However, in cases where the wife is not qualified to care for the child (due to mental illness, lack of cognitive and behavioral control, ethical degradation, or abuse of children) or if the husband and wife have another agreement.

In cases where the two spouses cannot agree on child custody after divorce, the Court will decide who has the right to custody based on financial ability, child care conditions, occupations, moral qualities, fault factors leading to divorce...

4. Child Custody Disputes From 7 Years Old and Above

In this case, the child's opinion and wishes on who they want to live with must be considered because at this age, the child has the cognitive ability to choose between living with the father or mother. However, the court still has to consider the parents' child care conditions to ensure the child is nurtured and developed in the most favorable environment.

5. Changing the Custodial Parent After Divorce

In cases where the custodial parent cannot take good care of the child, the non-custodial parent or individuals specified in Section 84 of the 2014 Marriage and Family Law have the right to request the court to change the custodial parent.

6. Challenges in Obtaining Child Custody- Difficulties in preparing documents and procedures.- Difficulties in negotiating with the other party.

- Lack of knowledge about the Marriage and Family Law.

Resolving child custody disputes according to Vietnamese law

Discover Vietnamese legal regulations on child custody disputes, resolving family conflicts, protecting children's rights.

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