Settlement Of Child Custody Disputes After Divorce

Child custody disputes can be emotionally and legally complex, and in a country like Vietnam, where cultural norms and legal frameworks intersect, they can become even more intricate. When parents part ways, determining who will have custody of the child or children can be a challenging process. For more detail, please contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline: (+84) 903.419.479

1. Conditions to win custody of children

According to the provisions of Section 81 of the Law on Marriage and Family 2014, after a divorce, parents still have the right to care, care, nurture, educate, educate their minor children, adult people who have lost their civil act capacity or have lost their civil act capacity minors, unable to work and without assets to support themselves.

Husband and wife agree on who directly wins custody of the child as well as the obligations and rights of each party after the divorce towards the child; if there is no agreement, the court shall decide to assign the child to the party directly raising it for the best interests of the child in all aspects; if the child is 7 years old or older, the child wishes should be taken into account.

Settlement Of Child Custody Disputes After Divorce 

2. Disputes over custody of children under 36 months old

2.1. Disputes over custody of children under 36 months old

Most people think that custody of a child under 36 months of age naturally belongs to the husband and wife who have the obligation to support the child, but in case the wife is not eligible to raise the child (with mental illnesses). loss of ability to perceive and control behavior, moral deterioration, or beating children…) or if the spouses agree otherwise.

2.2. Disputes over custody of children from 36 months old to under 7 years old

In case the couple cannot reach an agreement on child custody after a divorce, the Court will decide who is entitled to custody of the children, based on their financial ability, child rearing conditions, profession, moral qualities, Factors leading to divorce…

2.3. Disputes about custody of children aged 7 and over

In this case, it is necessary to consider who the child opinion and desire to live with is because at this age, the child has the ability to consider whether to live with a parent. However, the court still has to consider factors about the parent child rearing conditions to ensure that the child is raised and developed in the most favorable environment.

3. Change of person directly raising children after divorce

In case the person directly raising the child fails to take good care of the child, the non-custodial parent or the individuals and organizations specified in Article 84 of the Law on Marriage and Family 2014 have the right to request the court . the settlement of the change of the person directly raising the child.

4. Difficulties in gaining custody of children

• Difficulty in preparing documents and procedures.
• Difficulty in negotiating with the other party.
• Not much understanding of the Law on Marriage and family.

5. Dossiers and procedures for settling child custody disputes after divorce

Dossiers for implementing a child custody dispute include:

• Application for recognition of consensual divorce;

• Petition;

• Application for a dispute "taking the right" of child custody ;

• Original certificate of marriage registration;

• Copy of the permanent residence of the plaintiff and the defendant;

• A copy of the national identity card or passport of the plaintiff and the defendant;

• Documents proving property: Certificate of land use right, house ownership...

• Copies of the children birth certificates.

6. The process of settling child custody disputes upon divorce

• Submit your application to the People Court of the district where you are residing.

• Upon receipt of sufficient documents, the People Court will issue a notice of payment of court fee advance.

• Then go to pay the right judgment advance and submit the receipt of the court fee advance to the Court.

• After submitting the dossier and receipt of payment of the court fee advance, the Court will accept the case and settle the case.

• Wait for the Court decision.

7. Disputes about custody of children out of wedlock

To win custody out of wedlock, that person must prove that the conditions for looking after, caring for, educating and raising his or her children are better than that of the other person (same as gaining custody of a biological child). Note that only direct child rearing conditions are considered. On that basis, the court will consider and decide the direct breeder.

Thus, if there is a request to directly raise the child, this procedure must be carried out at the People Court of the district where the child is residing. Child custody is regulated and handled in the same way as divorce.

Settlement Of Child Custody Disputes After Divorce

Child custody disputes in Vietnam involve a complex interplay of legal frameworks, cultural values, and the paramount concern for the child well-being. As the legal system aims to ensure the best interests of the child, parents and legal professionals must navigate these challenges with sensitivity and a deep understanding of both legal and cultural dynamics. Balancing the modern legal principles with traditional values, Vietnamese society continues to evolve in its approach to resolving child custody disputes. Please feel free to contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479 for legal advice and support.

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