Divorce During Pregnancy: Is the Mother Given Custody Preference?

According to the provisions of Clause 1, Article 88 of the Law on Marriage and Family 2014, it is stipulated as follows:

Determination of parents:

A child born during a marriage period or by a wife who became pregnant during a marriage period is considered a common child of the spouses.

A child born within 300 days from the time the marriage ended is considered a child conceived by the wife during the marriage period.

A child born before the marriage registration date and recognized by both parents as the common child of the spouses.

=> Thus, in the case of conception during the marriage period, the child is considered a common child of the spouses. Therefore, if you request a divorce while pregnant, the child born later will still be a common child of the two spouses.

Besides that, according to the provisions of Clause 3, Article 81 of the Law on Marriage and Family 2014, if there are no other agreements suitable for the child's interests, a child under 36 months old will be directly raised by the mother, except in cases where the mother is not qualified to directly supervise, care for, raise, and educate the child.

Therefore, although the mother is given priority to raise a child under 36 months old, if she is not qualified to care for and provide the best environment for the child, she may not be directly raising the child. Editorial Board response.