When can fathers have right to raise their children under 36 months of age in Vietnam?

When can fathers have right to raise their children under 36 months of age in Vietnam?

Pursuant to Clause 3, Article 81 of the Law on Marriage and Family 2014 stipulates looking after, care for, raising and education of children after divorce 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 above regulations in Vietnam, in principle, children under 36 months of age are directly raised by their mother, except for the following cases: The mother agrees to let you raise the children; The mother is not qualified to directly look after, care for, raise and educate her child.

Therefore, the father can raise the child under 36 months of age in this case with the agreement and consent of the mother. Or giving evidence to prove that the mother is ineligible, she must also prove that she is qualified to directly look after, care for, raise and educate her children, such as: Economic conditions; Child welfare; Habitat; Living; Learning, and other conditions in Vietnam.

Best Regards!