Child Custody Rights After Divorce in Vietnam: A Legal and Practical Guide

1. Child Custody Rights After Divorce in Vietnam: A Legal and Practical Guide

One of the concerns of couples under divorce is the custody right and the conditions of contending for the custody right. In practice, if a couple cannot reach an agreement and they have to contend for the custody right upon divorce, the court shall assign a child to the father or the mother to take care of him/her based on the factors provided in Article 81 of the Law on Marriage and Family 2014, including:

The child’s rights and benefits in every aspect;
For a child older than 07 years old, the court shall consider his/her wishes; and
Custody of a child less 36 months shall be assigned to his/her mother, except for the case that the mother is not able to directly care for, nurture, and educate the child, or the parents have other agreements which are appropriate for the child’s
In practice, in order to consider which parent that best meets the conditions of getting custody in a divorce, the court shall consider the ability to meet conditions of ensuring the child’s comprehensive development on physical and mental aspects, the social relationship of both parents in order to ensure the children legistimate rights of the child.

Therefore, there are many divorce cases where either parent, who wants to contend for the custody right upon divorce, tries to prove that he/she can provide the child with the best living conditions (accommodation, education, entertainment, recreation, etc.) and also mental conditions (available time for loving, taking care of and educating the child, etc.) or gives evidence that the other is not physically and mentally qualified to take care of the child.

2. The custody right upon divorce in vietnam

Normally, the mental factors are more easily proved and often applied in practice. For example, a parent can provide a written confirmation of family members, neighbors, and the head of the neighborhood/hamlet to prove that the other parent who is fighting for custody, often commits family violence, does not love his/her child and could be a bad pattern for the child, or cohabits with another person. On a material level, one parent can provide evidence that the other parent's actual income is not enough to raise the children or ensure a basic standard of living.

In particular, when managing child custody rights upon divorce in cases where a couple has many children, the court will consider the respective conditions of each person to decide who has the right to raise all children or divide the children between each child. with father and mother depending on each person's conditions. about the current situation. parental capacity. The court can use a person's income to determine the number of children a parent can raise, while also considering other conditions for gaining custody.

The consideration and consultation of children aged 7 years and older must be carried out according to the provisions of Clause 3, Article 208 of the 2015 Civil Procedure Code. In fact, point 26, section IV, Answer No. 01/2017 /GD-TANDTC of the Supreme People's Court on April 7, 2017 provided guidance on this issue: “…to ensure children's rights, the Court needs to solicit opinions and consider children's wishes 7 years old and up; The way to get comments must be friendly. However, the court must take into account the general interests of the child when deciding whether to hand the child over to the parents or not.” Therefore, in fighting for custody of children during divorce, there are cases where a parent can persuade a child 7 years old or older to live with them, but this person cannot ensure the child's common interests. the child relates to it. on the other hand, he may not be the parent who best meets the child custody conditions and may end up the loser.

3. Why should professionals use ACC Law Firm's divorce Service?

• Legal Expertise: ACC Law Firm specializes in family and divorce law, ensuring that professionals receive expert legal guidance and support throughout the divorce process.

• Customized Solutions: Each divorce case is unique, with its own set of circumstances and challenges. ACC Law Firm tailors its services to meet the specific needs and goals of professionals, ensuring the best possible outcome.

• Legal Compliance: Divorce involves numerous legal requirements and paperwork. ACC Law Firm ensures that all documentation is completed accurately and submitted on time, preventing potential delays or legal issues.

• Objective Advice: Emotions often run high during divorce proceedings. ACC Law Firm's legal professionals provide objective advice and a calm, rational perspective, helping professionals make sound decisions in the midst of emotional turmoil.

• Conflict Resolution: Divorce can be contentious, but ACC Law Firm is experienced in conflict resolution. They work to minimize disputes through negotiation, mediation, and alternative dispute resolution methods, reducing the need for costly litigation.

• Child Custody and Support: For divorcing professionals with children, ACC Law Firm assists in establishing fair and workable child custody and support arrangements, always prioritizing the best interests of the children.

• Asset Division: ACC Law Firm helps professionals navigate the complex process of dividing marital assets and debts, ensuring an equitable distribution according to the applicable laws.

• Alimony and Spousal Support: Professionals seeking or contesting spousal support can rely on ACC Law Firm to advocate for their financial interests and ensure a fair outcome.

• Confidentiality: ACC Law Firm treats all client information with the utmost confidentiality, providing a safe and discreet environment for discussing sensitive matters.

• Timeliness: ACC Law Firm understands the importance of efficiency in divorce proceedings. They work diligently to move cases forward promptly, saving professionals time and potential legal expenses.

• Stress Reduction: Going through a divorce is emotionally and mentally challenging. ACC Law Firm's support and legal expertise can help ease the stress and anxiety associated with the process.

Q&A

Question 1: What are the grounds for divorce in Vietnam?

Answer 1: In Vietnam, divorce can be granted on several grounds, including mutual consent, living separately for at least two years, domestic violence, abandonment, adultery, mental illness, or other reasons that render the marriage impossible to continue.

Question 2: Is there a waiting period for divorce in Vietnam?

Answer 2: Yes, there is a mandatory waiting period for divorce in Vietnam. For couples with mutual consent, there is typically a 90-day cooling-off period before the court will grant the divorce.

Question 3: How is property divided in a divorce in Vietnam?

Answer 3: In Vietnam, marital property is divided based on the principle of equitable distribution. This means that property and assets acquired during the marriage will be divided fairly, but not necessarily equally. The court will consider factors such as each spouse's contribution to the marital property.

Question 4: What role does the court play in the divorce process in Vietnam?

Answer 4: The court is responsible for overseeing and granting divorces in Vietnam. Couples seeking divorce must file a divorce petition with the court. If the court finds that the grounds for divorce are valid, it will issue a divorce decree, officially ending the marriage. The court also plays a role in deciding child custody and support issues, as well as the division of marital property when the spouses cannot agree.