If the marriage is not registered, who has custody of the children in Vietnam? Can I get custody of my child when my husband has a criminal record in Vietnam?
If the marriage is not registered, who has custody of the children in Vietnam? Can I get custody of my child when my husband has a criminal record in Vietnam? In the event of divorce, who will get custody of minor children in Vietnam?
If the marriage is not registered, who has custody of the children in Vietnam?
Hello! I have a question and would like to get your advice. Mai and her boyfriend have been living together as husband and wife since 2015 but have not registered their marriage. The two have a child together who is now 4 years old. When they broke up, her boyfriend and his family demanded custody of the child, but Mai did not agree. So in this case, who has custody of the child? Best wishes to you and thank you!
Reply:
According to Clause 1, Article 14 of the Law on Marriage and Family 2014 as follows:
1. A man and woman eligible for getting married under this Law who cohabit as husband and wife without registering their marriage have no rights and obligations between husband and wife. Rights and obligations toward their children, property, obligations and contracts between the partners must comply with Articles 15 and 16 of this Law.
Clause 1, Article 88 of the Law on Marriage and Family 2014 provides for the identification of parents as follows:
1. A child who is born or conceived by the wife during the marriage period is the common child of the husband and wife.
A child who is born within 300 days from the time of termination of a marriage shall be regarded as a child conceived by the wife during the marriage period.
A child who is born before the date of marriage registration and recognized by his/her parents is the common child of the husband and wife.
Based on the above provisions in Vietnam, although Ms. Mai and her boyfriend have been living together as husband and wife since 2015, they did not register their marriage, so it does not give rise to rights and obligations between husband and wife. Therefore, children born when husband and wife do not have a Marriage Certificate are not identified as common children. If Mai's boyfriend has evidence to prove that he is the father of the baby, he has the right to get custody of the child.
If her boyfriend has carried out the procedures to adopt the child, according to Clause 1, Article 14 of the Law on Marriage and Family 2014 above, the two will agree on the person to directly raise the child, the obligations and rights of each party after the divorce for the child because Mai's child is 4 years old. In case no agreement can be reached, the Court shall decide to assign the child to one party to directly raise it based on the child's interests in all aspects in Vietnam.
Thus, if her boyfriend has carried out the procedures to adopt a child according to the provisions of the law in Vietnam, but the two cannot agree on who will raise the child after the termination of their cohabitation, the court will decide on the basis of the right to raise the child. Therefore, when the dispute over custody of the husband and wife is resolved in court, in order to have more chances to win custody of the child, Mai needs to present evidence to prove that the child staying with her will better than staying with her boyfriend (eg: her affection for her children, material conditions, job, income, accommodation, etc.).
Can I get custody of my child when my husband has a criminal record in Vietnam?
My baby was born in October 2015 and is now 4 years old. I am an office worker with an average income of 8 million/month. My husband is a freelancer, my husband and I are living with my mother-in-law. Ownership of the land also belongs to his mother.
There are many conflicts between the couple, but my husband often curses and insults me, and every time there is a conflict, my husband kicks me out of the house. My husband has a criminal record, used to go to the prison. I only found out about this after I got married, and I didn't dare to ask the reason why I went to the prison. Please advice for me to get child custody?
Reply:
Looking after, care for, raising and education of children after divorce are prescribed in Article 81 of the Law on Marriage and Family 2014 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.
Here, raising children will be based on many factors, the best conditions to determine, you have the advantage because your income is stable, besides your husband also has a criminal record; violent behavior towards you. The person who does not directly raise the child is obliged to support the child, the level of support will be agreed upon by the two parties, otherwise the Court determines the specific level in Vietnam.
In the event of divorce, who will get custody of minor children in Vietnam?
My wife and I got married in 2016 and have a baby girl who is 28 months old. Currently, because the couple cannot get along, we want a divorce, but both of us want to raise our children. My husband works as a carpenter and I do haircuts at home. Can I ask who has custody of the children when divorced? Thanks!
Reply:
The Law on Marriage and Family 2014 provides:
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, upon divorce in Vietnam, in principle, children under 36 months of age are assigned to their mothers to directly raise them on the basis of considering many factors and conditions to directly look after, care for, nurture and educate the children. Only when the mother does not have the above conditions will the child be handed over to the father. Here, because you have a stable job, income and accommodation, the probability of giving your child to you is very high.
Best regards!
