Understanding Child Custody in Divorce: A Comprehensive Overview

1. Understanding Child Custody in Divorce: A Comprehensive Overview

In divorce cases, in addition to property division disputes, child custody disputes are also very common. Determining child custody in divorce depends on many factors and parties should consult with Vietnamese civil litigation lawyers. The following does not attempt to give legal advice but rather is a brief opinion on areas of interest for your reference.

2. According to Vietnamese law, after a divorce

parents still have the right and obligation to care for, care for, raise, and educate their minor children or adult children who have lost their civil act capacity and have no legal capacity. working capacity or no assets to meet the child's needs. The law always prioritizes the right to agreement of both parties. Accordingly, husband and wife must agree on who will directly raise the child and their obligations and rights to the child after divorce. If no agreement can be reached, the court will appoint one party to directly raise the child, based on the child's interests in all aspects. If the child is 7 years old or older, the child's wishes will be taken into account. In addition, children under 36 months of age must be directly raised by the mother, unless the mother is not capable of directly caring for, caring for, nurturing, educating the child or there is another agreement between the parents in accordance with the law. child's benefit. kid.

In fact, the child's opinion is only considered as a guide and reference for the court to consider and make a decision, but has no completely decisive meaning. The Court shall base on interests of the children to appoint one party to directly raise him/her, according to: living, current education of the children, occupation of the direct caretaker, accommodation condition after divorce, income, child care time… and some other elements of each party. Accordingly, the person being entitled to directly raise the children must prove themselves to provide the most favorable environment for normal development requirements of the children and have enough conditions for ensuring both economy and mental health. The person being entitled to directly raise the children must prove themselves to have enough material conditions (stable income, property, and accommodation…), mental condition (having enough time to be with the children, care for, raise them, always put the children at the forefront…) to make the children have more stable life and more developed than living with the other party. In addition, one of the parties can provide additional evidence to prove that the other party does not have enough material conditions and mental condition to raise the children or often has behaviors of violence, unstable income…

3. In case of request of a parent or individual

Organization being entitled to request (Next of kin; The state management agency in charge of families; The state management agency in charge of children; The women’s union), the Court may decide to change the person directly raising a child. The change of the person directly raising a child shall be settled if there is one of the following grounds: (i) The parents agrees on change of the person directly raising a child in the interests of this child; (ii) The direct caretaker no longer has sufficient conditions to directly look after, care for, raise and educate the child. Like divorce settlement, the desire to have a child 7 years old or older will be considered in case there is a change in the person directly raising the child. Considering that both parents are not qualified to directly raise the child, the court will decide to hand the child over to a guardian.
Obligations and rights of the indirect guardian after divorce: (i) Respect the child's right to live with the direct guardian; (ii) Support that child; (iii) Visit and take care of this child without being bothered by anyone after the divorce. The direct guardian has the right to request the Court to limit the rights of the indirect guardian if this person takes advantage of visiting and caring for the child to prevent or harm the care, care and education of the child. this girl. .

In accordance with the obligations and rights of the indirect guardian, the direct guardian also has the following obligations and rights towards the indirect guardian after divorce: (i) request the indirect guardian to perform its obligations; (ii) request that the person and their family members respect their custody rights; (iii) The direct guardian and family members may not prevent the indirect guardian from visiting, caring for, raising, and educating that child.

4. 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 is child custody in the context of divorce?

Answer 1: Child custody refers to the legal and practical responsibility for the care, supervision, and upbringing of a child. In the context of divorce, it involves determining where the child will live, who will make decisions about their upbringing, and the visitation or parenting time arrangements.

Question 2: What types of child custody arrangements are common in divorce cases?

Answer 2: Common child custody arrangements include:

• Sole physical custody: One parent has primary physical custody, and the other parent typically has visitation rights.
• Joint physical custody: Both parents share physical custody, and the child spends significant time with each.
• Sole legal custody: One parent has the legal authority to make decisions regarding the child's upbringing.
• Joint legal custody: Both parents share the legal authority to make decisions about the child's well-being.

Question 3: How is child custody determined in a divorce?

Answer 3: Child custody is typically determined through negotiation, mediation, or court proceedings. Parents are encouraged to work together to create a parenting plan that serves the child's best interests. If they cannot agree, the court may make a custody determination based on factors such as the child's well-being, parental fitness, and the child's own preferences (depending on their age).

Question 4: What are the best interests of the child in child custody decisions?

Answer 4: The best interests of the child are the primary consideration in child custody decisions. This includes factors such as the child's physical and emotional well-being, the ability of each parent to provide a stable environment, the child's relationships with each parent and other family members, and the child's own wishes (if they are of an appropriate age to express them). The court aims to ensure the child's safety, health, and overall welfare.

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.