If my husband is a director and I'm a housewife, who will get to raise our children when divorced in Vietnam?

If my husband is a director and I'm a housewife, who will get to raise our children when divorced in Vietnam?

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

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.

Thus, according to the law in Vietnam, there are no specific regulations on the occupations of the parties in a divorce to gain custody of children, but consider many different factors such as: Spirituality, care time, 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.

If my husband is a director and I'm a housewife, who will get to raise our children when divorced in Vietnam? (Image from the Internet)

Is it possible to change person who directly raises the child after a divorce in Vietnam?

Pursuant to Article 84 of the Law on Marriage and Family 2014 stipulates 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.

Therefore, you absolutely have right to request the Court to change the person directly raising the child if you have grounds specified above in Vietnam.

What are remaining spouse's obligations when not directly raising the children after divorce in Vietnam?

Pursuant to Article 82 of the Law on Marriage and Family 2014 stipulates as follows:

Obligations and rights of the parent who does not directly raise children after divorce

1. The parent who does not directly raise a child shall respect the child’s right to live with the person who directly raises him/her.

2. The parent who does not directly raise a child shall support this child.

3. After divorce, the person who does not directly raise a child has the right and obligation to visit and care for this child without being obstructed by any person.

The parent who directly raises a child has the right to request a court to restrict the right of the other parent who does not directly raise this child if the latter takes advantage of his/her visit to and care for the child to obstruct or adversely affect the looking after, care for, raising and education of this child.

Above are obligations and rights of the parent who does not directly raise children after divorce in Vietnam according to the law.

Best regards!