How much salary does I have to get custody of children upon divorce in Vietnam? If my wife goes abroad to work, will I get custody of my child in Vietnam?

Can I regain custody of my child when my husband is unemployed in Vietnam?

My husband and I have a child together who is 5 years old this year. After the divorce, due to my difficult economic conditions, my husband received custody of the children. Now my economy is stable, and my husband's company went bankrupt so he is currently unemployed. So can I regain custody of my children? Hope you will support me.

Reply:

According to Clause 2, Article 84 of the 2014 Law on Marriage and Family, it is stipulated that change of the person directly raising children after divorce is as follows:

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.

=> So, in the current case, your husband is the person directly raising the child but is unemployed, you can request to change the child custody rights if you can prove that your husband is not qualified to care for and raise the child in Vietnam.

We inform you.

How much salary does I have to get custody of children upon divorce in Vietnam?

I am in the process of divorcing my wife, we have a 5 year old child. Currently, our economic situation is similar, my income is 9 million/month, and my wife's income is 8 million/month. So, with how much income, the court will give the child to you to raise, right?

Reply:

Pursuant to Clause 2, Article 81 of the 2014 Law on Marriage and Family stipulates as follows:

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.

Thus, according to the law in Vietnam, there is no specific regulation on the income of the parties in a divorce to get custody of children, but many different factors are considered such as: Spirituality, time of care, care conditions, Other benefits (healthcare, school...) in which income is also one of the factors for the Court to consider giving the child to the spouse to raise.

How much salary does I have to get custody of children upon divorce in Vietnam? If my wife goes abroad to work, will I get custody of my child in Vietnam? (Image from the Internet)

If my wife goes abroad to work, will I get custody of my child in Vietnam?

I divorced my wife and my child is currently 2 years old. The court granted my wife custody of the children. Now my wife is working abroad and my child is currently living with my grandparents, can I get custody of the child?

Reply:

In Clause 3, Article 81 of the 2014 Law on Marriage and Family, it is stipulated:

"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."

According to the provisions of Article 84 of the 2014 Law on Marriage and Family, 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.

According to current regulations in Vietnam, if a child is under 36 months old, the mother will have priority in raising the child. Therefore, the Court's decision that your wife has custody of the children is correct.

However, your wife goes abroad to work and leaves the children to be raised by her grandparents, so you can apply to the district People's Court where your wife resides to request a change of person directly raising your children. Because, when your wife goes abroad, she will not be able to guarantee the conditions to look after, care for, raise and educate her children. Therefore, the Court will base on the evidence you provide to decide child custody for you in Vietnam.

Above is our consulting content.

Best regards!