Can a mother who is unemployed raise her one-year-old child after divorce in Vietnam?

Can a mother who is unemployed raise her one-year-old child after divorce in Vietnam?

Based on Article 81 of the Law on Marriage and Family 2014, there are provisions for looking after, care for, raising and education of children after divorce as follows:

1. After a divorce, parents still have rights and obligations to look after, care for, raise and educate minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves in accordance with this Law, the Civil Code and other relevant laws.

2. 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.

3. 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.

Therefore, according to the above regulations in Vietnam, after divorce, a child under 36 months old will be assigned to the mother for direct care, except when the mother is not qualified to directly care for, nurture, raise, and educate the child. So, even if you don't have a stable job but have the conditions to care for, nurture, raise, and educate the child, you still have the right to raise your child.

Can a mother who is unemployed raise her one-year-old child after divorce in Vietnam? (Image from the Internet)

Can a person directly raising a child be changed after divorce in Vietnam?

Based on Article 84 of the Law on Marriage and Family 2014, regulations on change of the person directly raising children after divorce are as follows:

1. At the request of a parent or a person or an organization prescribed in Clause 5 of this Article, a court may decide to change the person directly raising a child.

2. Change of the person directly raising a child shall be settled when there is one of the following grounds:

a/ The parents agrees on change of the person directly raising a child in the interests of this child;

b/ The person directly raising the child no longer has sufficient conditions to directly look after, care for, raise and educate the child.

3. Upon change of the person directly raising a child aged full 7 or older, this child’s desire shall be taken into account.

4. When seeing that both parents fail to have sufficient conditions to directly raise a child, a court shall decide to assign this child to a guardian in accordance with the Civil Code.

5. When there is the ground prescribed at Point b, Clause 2 of this Article, in the interests of a child, the following persons, agencies or organizations have the right to request change of the person directly raising this child:

a/ Next of kin;

b/ The state management agency in charge of families;

c/ The state management agency in charge of children;

d/ The women’s union.

Therefore, after divorce in Vietnam, if the person directly raising a child is not qualified to care for the child or there is an agreement, the person directly raising a child can be changed.

Best Regards!