Can I get right to custody of my children when my husband has an affair in Vietnam? In what cases can my husband raise our child under 36 months old in Vietnam?

Can I get right to custody of my children when my husband has an affair in Vietnam?

My husband and I have been married for 7 years and during our time together, I discovered that my husband had many affairs with the woman, because of the children, I ignored them many times. However, after many promises of repentance, my husband still repeats. We are both employees, the income is not high but stable, now I am divorced because my husband has such an adulterous behavior, can I win custody of my children, my child is now 4 years old.

Reply:

Article 81 of the Law on Marriage and Family 2014 stipulates that looking after, care for, raising and education of children after divorce are 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.

Thus, if you and your wife can agree on who will take care of the child when you divorce, the Court will recognize that agreement. In case no agreement can be reached, the Court will base on the best interests of the child in all aspects. The fact that your husband's adultery is a beneficial factor to win child custody, you need to prepare relevant evidence such as messages, recordings,... proving your husband's adultery. Because here both husband and wife have a stable income, you need to prove that in addition to your income, you have all other conditions to be able to best care for and nurture your child in Vietnam.

In what cases can my husband raise our child under 36 months old in Vietnam?

My husband and I are currently in the process of divorce, we have been living together for 1.5 years and currently have a 12-month-old son together. Because my husband and I had many conflicts, we couldn't live together anymore, so I decided to divorce. However, my husband's family is well off, he has a stable income, my life is difficult, and my mother is old and younger brother are in 9th grade, although I am still young, I have to leave his grandmother at home to take care of him. do. Seeing that, my husband wanted custody of the children. I don't agree, but I'm very worried, so I want to ask you: Under what circumstances can a husband raise a child under 36 months old?

(***@gmail.com)

Reply:

Pursuant to the provisions of Clause 1, Article 71 of the Law on Marriage and Family 2014, there are provisions: Father and mother have equal obligation and right to jointly care for and raise their minor children or adult children who have lost their civil act capacity or have-no working capacity and no property to support themselves.

According to Clause 3, Article 81 of the Law on Marriage and Family 2014 stipulates that: 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.

Thus, when going to court, the two of you cannot agree on who to raise the child, plus your husband proves that you are not qualified to directly look after, care for, raise and educate the child (You have to give your child to your elderly mother to take care of, you go to work to earn an income, you are the main breadwinner in the family), the husband can completely win custody of the child even though your child is only 12 months old in Vietnam.

Is it possible to sue for child custody after a divorce in Vietnam?

I need your advice for me, the story is that my friend is divorced but her husband's family has not provided any money for my friend's children for a long time, now the husband's family is threatening to sue to regain custody of the children. Thanks for your advice, thanks!

Reply:

Article 82 of the Law on Marriage and Family 2014 stipulates obligations and rights of the parent who does not directly raise children after divorce as follows:

1. The parent who does not directly raise a child shall respect the child’s right to live with the person who directly raises him/her.

2. The parent who does not directly raise a child shall support this child.

3. After divorce, the person who does not directly raise a child has the right and obligation to visit and care for this child without being obstructed by any person.

The parent who directly raises a child has the right to request a court to restrict the right of the other parent who does not directly raise this child if the latter takes advantage of his/her visit to and care for the child to obstruct or adversely affect the looking after, care for, raising and education of this child.

Change of the person directly raising children after divorce according to Article 84 of Law on Marriage and Family 2014:

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.

Thus, according to the above provisions in Vietnam, the change of person directly raising a child shall be settled when the parents have an agreement or the person directly raising the child is no longer eligible to directly look after, care for, nurture and educate the child. Here, according to you, the husband who did not provide money for the child is in violation of the support obligation, so when asking to regain custody of the children, the Court will consider the above changed grounds. If the mother is no longer eligible to directly look after, care for, raise and educate her child, the Court will decide to change.

Best regards!