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When divorcing, the fact that both husband and wife have the aspiration to be the person directly raising the child is understandable because the children are the best valuable assets and the affection for them is sacred and noble. Therefore, when getting divorced, it is not uncommon to win custody of a child between husband and wife

  1. Provisions of law on Looking after, care for, raising and education of children after divorce

According to the Law on Marriage and Family 2014, husband and wife shall reach agreement on the person who directly raises their children and on his and her obligations and rights toward their children after divorce. If they fail to reach agreement, the court shall appoint either of them to directly raise the children, taking into account the children’s benefits in all aspects.

  • If a child is full 7 years or older, his/her desire shall be considered.
  • A child under 36 months of age shall be directly raised by the mother, unless the mother cannot afford to directly look after, care for, raise and educate the child or otherwise agreed by the parents in the interests of the child.
  1. Basis of Looking after, care for, raising and education of children after divorce

Practically, when solving a adivorce case, the court must accordace with the actual conditions of the couple to ensure the best material and spiritual benefits for the child and the child’s aspirations to decide who directly cares.

Therefore, the custody person need to provide appropriate documents and records for the Court to learn, verify and have a comparison and evaluation between the two parties. These documents should provide evidence to support the following basic elements:

  • Financial conditions: Proving through income, financial capacity, existing property,…and which are able to meet the demands of material life of the child best if they are assigned directly to raise children (Economic conditions is important, but in many cases not a prerequisite for custody)
  • Housing conditions: Young children are vulnerable to both spychological and physiological aspects. so having a stable place in the best living environment is one of the bases for proving rights.
  • Proving that work can ensure the time to care for and educate the child and take care of the material and spiritual life of the child;
  • Parents’ feelings for their children (never having abused children, always interested in their children’s spiritual life) …

Please contact us for detailed advice.

T2H Law Liability limited company

Head office: G4-4A, Dormitory 708, Lien Ninh, Thanh Tri, Hanoi

Branch office: Floor 4, no.2, 115 Chien Thang Street, Van Quan Ward, Ha Dong District, Hanoi.

Phone: 0242 242 9900 – 0989 656 682

Website: https://t2hlawyers.vn

Email: contact.t2h@t2h.vn – huong.le@t2h.vn

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