Child Custody Disputes And Children’s Ages Need To Know In Vietnam

Divorce is the termination of the husband-and-wife relationship according to a legally effective judgment or decision of a court. In addition to the problems of real estate, common property, and joint debt, child custody disputes are one of the big problems of many divorces. In this article, Lac Duy & Associates will provide readers with the current Vietnamese law provisions on child custody disputes in divorce and children’s ages need to know.

According to Article 81.1 of the Law on Marriage and Family 2014,  after a divorce, parents still have rights and obligations to look after, raise and educate their common children. Who is the person directly raising the common child is agreed by the parties and this agreement is recorded by the Court in the judgment. In the case of a child custody dispute after divorce, the court considers and makes a decision based on key factors such as the children’s ages and the husband or the wife’s conditions and ability to raise and take care of the children. As follows:

A child under 36 months of age[1]

The court will give priority to the wife to raise the child because this child’s age needs the most care and nurturing from the mother to be able to develop the best.

However, in case the wife has no income, has no enough financial resources, has no time to take care of the children, or the wife does not take care of the children, the husband needs to prove that he has the conditions to raise the children better than the wife. The court will consider handing the children over to the husband to raise and take care of them upon divorce.

A child from full 36 months to under 7 years old

In this case, to get child custody, the parents must prove that they have better conditions and abilities than the other to ensure the child’s development in all aspects such as:

• Economic condition: Prove that they have sufficient material conditions in terms of income, assets, and stable residence;

• Mental condition: Prove that they have enough time for their children, care, nurture, educate and prioritize childcare at the utmost.

In addition, one of the parties may provide additional evidence to prove that the other is not physically, mentally, morally, and dignified to raise a child or regularly engages in violent acts that affect the child to the growth and development of children.

A child is full 7 years old or older[2]

The court will consider the child’s wishes and will give preference to the person with whom the child wants to be raised and take care of after the divorce. Although respecting the wishes of the child, the Court also needs to consider the conditions of the couple to hand over the child to someone who is qualified and capable to raise the child in the best way.

Above is the necessary information about the child custody disputes in divorce and children’s ages need to know.  If you have any questions that need advice or support, readers can immediately contact Lac Duy & Associates for timely assistance.

[1] Article 81.3 of Law on Marriage and Family 2014

[2] Article 81.2 of Law on Marriage and Family 2014