In Vietnam, do children have the right to choose who to live with when their parents are divorced?

In Vietnam, do children have the right to choose who to live with when their parents are divorced?

Article 81 of the Law on Marriage and Family 2014 stipulates that the care, custody, upbringing and education of children after divorce are regulated:

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, in Vietnam, children aged at least 7 have the right to choose to live with such a person when the parents divorce. You are 15 years old and it is your wish that you live with your father, and the court will consider this matter and make the decision to raise your child in divorce.

In Vietnam, after divorce, what rights and obligations do people not directly raise?

According to Article 82 of the Law on Marriage and Family 2014, the obligations and rights of parents directly raising children for persons not directly raising children after divorce are as follows:

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.

Best Regards!