Consultation on Divorce and Custody of a 4-Month-Old Child
Could anyone advise on how to get a divorce and obtain custody of the child?
Clause 1, Article 56 of the 2014 Law on Marriage and Family stipulates:
When a husband or wife requests a divorce and conciliation at the Court fails, the Court shall grant a divorce if there are grounds for the husband or wife to have committed acts of domestic violence or seriously violated the rights and obligations of the husband or wife, causing the marriage to fall into a serious condition, the common life cannot last, and the purpose of marriage is not achieved.
The custody, care, upbringing, and education of children after divorce is implemented according to Article 81 of the 2014 Law on Marriage and Family as follows:
After divorce, parents still have the rights and obligations to care for, raise, nurture, and educate their minor children, children who have reached adulthood but have lost their civil act capacity or are unable to work and do not have assets to support themselves according to the provisions of this Law, the Civil Code, and other related laws.
The husband and wife shall agree on the direct custodian of the child, the obligations, and rights of each party after divorce concerning the child; if no agreement is reached, the Court shall decide to give the child to one party for direct custody based on the best interests of the child in all aspects; if the child is 7 years old or older, the child's wishes must be considered.
A child under 36 months old shall be given to the mother for direct custody, except in cases where the mother is not eligible to directly care for, nurture, and educate the child or the parents have other agreements suitable to the child's interests.
According to your presentation, your sister's husband frequently drinks and abuses her, which constitutes domestic violence and a serious violation of marital obligations. Therefore, your sister has grounds for a divorce. She needs to gather evidence to prove her request has legitimate grounds for the Court to accept the divorce.
Additionally, you should note that the refusal of the husband's family to allow your sister to visit the child violates the law, as visiting and caring for children is a right and obligation of parents. Clause 3, Article 83 of this Law stipulates: The parent directly raising the child and other family members must not prevent the parent who does not directly raise the child from visiting, caring for, nurturing, and educating the child.
Regards!
