Is a Child Under 36 Months of Age Automatically Awarded to the Mother for Custody in a Divorce?
According to Clause 3, Article 81 of the Law on Marriage and Family of 2014, the regulation is as follows:
- Children under 36 months of age are assigned to the mother for direct upbringing, except in cases where the mother is not qualified to directly care for, nurture, and educate the child or where the parents have another agreement that is in the child's best interest.
Under this regulation, when divorcing, children under 36 months of age will be prioritized to be assigned to the mother.
In cases where the mother is not qualified to directly care for, nurture, and educate the child, or where the parents have another agreement, the child may be assigned to the father.
=> Thus, when divorcing, children under 36 months of age are not automatically assigned to the mother.
Sincerely!
