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Custody of children in divorce disputes

In divorce cases, the determination of custody when divorced is not simple because apart from the provisions of law, there are also issues of affection. To find out how to determine custody so that you know your rights and obligations, find out right through the article below.

1. Custody of a child after divorce depends on the age of the child

Custody after divorce depends on the age of the child, specifically as follows:

  • Children under 36 months of age: entrusted to mothers to directly nurture according to Clause 3, Article 81 of the Law on Marriage and Family 2014. The mother only has no right to raise the child when the father or mother has agreed otherwise to ensure the interests of the child or the mother is not eligible to directly raise the child.
  • Children from full 36 months to under 07 years old: The right to directly raise children will be agreed upon by parents. In case the parties cannot reach agreement, The court will decide to hand the child to a party directly based on the interests of all aspects of the child
  • Children from 07 years of age or older: Children aged full 7 years or older must consider who they want to live with to decide who directly takes care of them.

2. Reasons for the Court to decide child custody

The basis for a court to hand children to a spouse will be based on material conditions, mental conditions, children.s wishes, ... specifically as follows:

  • Material conditions: economic conditions guarantee to raise and take care of children. Persons directly raising children must have guaranteed physical conditions. Physical conditions ensure that a parent has to meet the needs of the child at the minimum living standard for the child.s needs for food, accommodation, and study. The law does not require the direct custodian to give their children a high or prosperous life, but parents must meet the minimum needs of the child... However, not everyone with a better economy will have custody of the child, but also based on many other factors.
  • Mental factors: include raising children in a good living environment so that they have the ability to develop comprehensively in health and spirit and ensure time for caring and educating children.
  • Parent.s health: the person directly caring for a child must be in good health or in good health conditions to care for the child.
  • Morality and dignity of the custodial person: People with criminal records will have a disadvantage when considering this factor.

3. Rights and obligations of the party not directly raising children

a. The rights of the party not directly raising children are: 

After divorce, the person who does not directly rear the children has the right to visit the child without being obstructed. It can be understood that when a parent divorces and the custody of the child belongs to one side party, the other party still has the right to visit the child with a certain frequency without affecting the care, nurture, and education of the child. 

b. Obligations of the party not directly raising children are:

Parents who do not directly raise children have the obligation to support them. The child support level for parents may reach agreement by themselves; in case no agreement is reached, they shall request the Court to settle it.

Without the lawyer to accompany you, you may face many disadvantages such as: not preparing complete documents, failing to provide proof of income or evidence proving your spouse incapable of raising children,... You will have more difficulties if the opponent thanks to the help of a lawyer to gain custody while you do not have. Therefore, it is advisable to seek legal advice, in this case, to gain your advantage as much as possible.

With our experience in law work, at Apolo Lawyers, we believe to provide our client with our best service in the battle for custody.

More information can be found on the website: www.apolo.com.vn

An Tran

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