Can I request to change the person directly raising my child from my wife in Vietnam?
Can I request to change the person directly raising my child from my wife in Vietnam? My name is Nhan and I am 30 years old. I have been divorced from my wife for 2 years. We both have a 9 year old child together. I would like to ask that at present I feel that my child's life is incomplete and lacking when staying with his mother. Can I request to change the person directly raising my child?
Can I request to change the person directly raising my child from my wife in Vietnam?
Pursuant to Article 84 of the Law on Marriage and Family 2014, change of the person directly raising children after divorce is 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.
Thus, according to current regulations in Vietnam, comparing with the case you mentioned, you can agree with your ex-wife about raising children or you can prove that your wife no longer has sufficient conditions to directly look after, care for, raise and educate the child. In addition, for children over 07 years old, you need to see your child's desire for raising.
Best Regards!