Who is Granted Child Custody While Awaiting Divorce Resolution?
According to Clause 1, Article 57 of the 2014 Law on Marriage and Family, marital relations shall terminate from the date the court’s divorce judgment or decision takes legal effect.
Therefore, currently, you and your spouse are in the process of awaiting the resolution of the divorce, which means the marital relationship has not yet been terminated. Both spouses have full rights and obligations as stipulated in Article 69 of the 2014 Law on Marriage and Family as follows:
Love the children, respect the children's opinions; take care of the children's studies, education for their healthy physical, intellectual, and moral development, to become dutiful children of the family and useful citizens for society.
Supervise, nurture, care for, and protect the legitimate rights and interests of minor children, adult children who lack legal capacity or are unable to work and have no property to self-support.
Act as guardians or representatives according to the provisions of the Civil Code for minor children, adult children who lack legal capacity.
Not discriminate against children based on gender or marital status of the parents; not exploit the labor of minor children, adult children who lack legal capacity or are unable to work; not incite, force children to do illegal acts, or acts against social ethics.
Thus, during the divorce resolution process, both spouses are equal, both have the rights and obligations to care for and nurture the children.
Sincerely!
