According to Vietnamese regulations, without registering the marriage, can a mentally ill mother have custody of her child?

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According to Vietnam's regulations, can a mother with a mental illness who is not married have custody rights over her child?

This article explores the possibility of custody rights for an unmarried mother with mental issues according to Vietnamese law. The article analyzes the legal factors and rights of children, providing a clear perspective on the challenges and appropriate solutions in this particular case.

1. Case of not registering marriage

Article 53 of the 2014 Law on Marriage and Family stipulates the jurisdiction of divorce requests as follows:

"1. The court has jurisdiction over divorce requests in accordance with the law on civil procedure.

2. In cases of not registering marriage but requesting a divorce, the court shall have jurisdiction and declare the non-recognition of the marital relationship as stipulated in Article 14(1) of this Law; if there are requests regarding children and property, they shall be resolved in accordance with Article 15 and Article 16 of this Law.

Furthermore, according to Article 15 of the 2014 Law on Marriage and Family, it stipulates the rights and obligations of parents and children in cases where a man and a woman cohabit as a married couple without registering marriage as follows: "Rights and obligations between a man and a woman living together as a married couple and children shall be resolved in accordance with this Law on the rights and obligations of parents and children.

Therefore, when not registering marriage, in the case of children in common, the court will resolve it as in cases of married couples with registered marriage divorces, meaning custody rights can be granted like couples with registered marriage.

2. Can a mother with a mental illness be granted custody rights after divorce?

According to Article 85 of the 2014 Law on Marriage and Family, it stipulates cases where parents are restricted in their rights over minor children including:

+ Convicted of one of the offences against the life, health, dignity, honour of the child with intentional or seriously negligent acts in the care, upbringing, education of the child;

+ Dissipating the child's property;

+ Having a corrupt lifestyle;

+ Inciting, forcing the child to do illegal or unethical acts.

Therefore, a mother with a mental illness is not one of the cases restricted in rights over minor children. Therefore, this is not a basis for the mother to not have the opportunity to gain custody rights after divorce. However, considering the conditions of care, a mother with a mental illness still faces many difficulties and limitations. This could become a disadvantage when seeking custody rights.