Is a child born 5 months after divorce considered a common child in Vietnam? When can I change the person who directly raises my child after divorce in Vietnam?

Is a child born 5 months after divorce considered a common child in Vietnam?

My husband and I are divorcing and fighting for custody of our children. If my wife wins custody of the children, can I ask the Court to change the person raising the children in the future? When can I change the person raising the child after a divorce? Looking forward to your answer, thank you!

Reply:

When divorced, children are assigned to one parent to directly care for and raise. However, the person who directly raises the child after divorce may be changed. In Article 84 of the 2014 Law on Marriage and Family, there are provisions 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.

=> So, according to this regulation in Vietnam, you can completely request to change the person who directly raises the child after divorce.

The request to change the person directly raising the child after divorce will be resolved based on one of the following two grounds:

- You and your husband agree to change the person directly raising the child, in accordance with the child's interests.

- Your wife is no longer qualified to directly care for and raise the child. For example, your wife has a serious illness and no longer has enough health and material conditions to take care of the child; Or your wife has beaten or abused the children, etc.

One thing you need to note is that if your child is 7 years old or older, you must consider your wishes when changing the person directly raising the child.

Is a child born 5 months after divorce considered a common child in Vietnam? When can I change the person who directly raises my child after divorce in Vietnam? (Image from the Internet)

If a child is born after divorce, can the father's name be listed on the birth certificate in Vietnam?

I got pregnant while we were still married but we just divorced. So when my child is born, will the child's father's information be declared on the birth certificate? Please advise!

Reply:

Article 88 of the 2014 Law on Marriage and Family stipulates:

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.

2. When a parent does not recognize a child, he/she must have evidence and such non- recognition shall be determined by a court.

Article 9 of Decree 123/2015/ND-CP stipulates:

1. An applicant for birth registration at the People’s Committee of commune, ward, or town (hereinafter referred to as commune) shall submit documents as prescribed in Clause 1 Article 16 of the Law on civil status; and an applicant for birth registration at the People’s Committee of suburban district, urban district, district-level town, provincial-affiliated city (hereinafter referred to as district) shall submit documents as prescribed in Clause 1 Article 36 of the Law on civil status.

2. The applicant for birth registration shall present documents as prescribed in Clause 1 Article 2 hereof.

If the child’s parents have their marriage registered, the marriage license shall also be presented.

Thus, if you get pregnant during marriage and give birth after a divorce in Vietnam, this is still your common child. Therefore, when completing birth registration procedures for your baby, you can still write the full names of the parents on the birth certificate.

Is a child born 5 months after a divorce considered a common child?

Let me ask a question, my husband and I divorced and on January 15, 2020, I decided to divorce. But it wasn't until June 2020 that I gave birth. Let me ask, is a child born after a divorce considered a common child?

Reply:

Article 88 of the 2014 Law on Marriage and Family stipulates:

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.

2. When a parent does not recognize a child, he/she must have evidence and such non- recognition shall be determined by a court.

Thus, in principle, a child born within 300 days from the date of termination of marriage is considered a child born to the wife during the marriage. Therefore, if you get pregnant during marriage and give birth 5 months later, this is still your common child in Vietnam.

Best regards!