If my ex-wife remarries, can I regain custody of my child in Vietnam? What should I do to gain custody of children during divorce in Vietnam?

If I send my child to my parents to take care of, do I still have custody rights in Vietnam?

My husband and I divorced 3 months ago, then the court gave me direct custody of our child because at that time my child was only 14 months old. In the court decision given to me, it is stated that my husband is responsible for child support of 2 million/month. But since receiving the decision, my husband still has not paid child support. Now call and threaten me and demand my child's custody back. And let me ask, I live in a rented house with a stable job and now my parents' house is 30km away from work and if I send my child there to go home, do I still have right to raise my child? Thank you very much!

Thuy Tien - tien*****@gmail.com

Reply:

Article 81 of the 2014 Law on Marriage and Family stipulates:

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.

According to Article 56 of the 2014 Marriage and Family Law, you have the right to unilaterally divorce when you see that your married life cannot last or the purpose of marriage is not achieved. For children to gain custody, you need to prove that you have better conditions than your husband to take good care of your children in Vietnam. In principle, children under 36 months old are given directly to the mother to raise.

If my ex-wife remarries, can I regain custody of my child in Vietnam?

My wife and I divorced and custody of our children belongs to my wife. Currently, my wife has remarried. So please advise me if my ex-wife remarries, can I regain custody of the children? Sincerely thank you very much!

Hung Dung - dung*****@gmail.com

Reply:

According to the provisions of Article 84 of the 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.

As you stated, your wife has remarried and you want to regain custody of the children. According to the above regulations in Vietnam, you can agree with your wife to change the person directly raising the children. Or you must prove that your wife is not qualified to look after, care for, raise, and educate the child and request the Court to make a decision to change the person directly raising the child.

We hope that our advice will help answer your questions.

What should I do to gain custody of children during divorce in Vietnam? 

My husband and I have lived together for 6 years (registered marriage) and have 2 children together, but because my husband gambles, I have been separated from him for nearly 2 years now, and my children are taken care of by my husband. I can't do anything about custody, so let me ask, can I get a divorce and gain custody of my children?

Reply:

According to the provisions of Clause 2, Article 84 of the Law on Marriage and Family 2014:

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.

As you stated, upon divorce, the Court decided to give the child to you to directly raise, and your husband is responsible for monthly child support of 2,000,000 VND. Your husband has not yet paid child support in Vietnam. So your husband has violated his duty. You have right to ask the Court to resolve this issue.

In addition, according to the above regulations in Vietnam, the basis for changing the person directly raising the child is that the person directly raising the child is no longer qualified to directly look after, care for, raise and educate the child. You have a stable job and now your parents' house is 30km from work, so you send your children to your parents' house. This cannot prove that you are no longer qualified to directly look after, care for, raise, and educate your child. If your husband requests the Court to change the person directly raising the children, the Court's decision will be based on many other factors.

We hope that our advice will help answer your questions.

Best regards!