Elements Required to Obtain Child Custody

According to Clause 2 and Clause 3, Article 81 of the Marriage and Family Law 2014, upon divorce, the spouses have the right to agree on who directly raises the child, the obligations, and rights of each party towards the child; if no agreement is reached, the Court shall decide to assign the child to one party for direct custody based on the best interest of the child in all aspects. If the child is 7 years old or older, the Court must consider the child's wishes.

In the case of a child under 36 months old, custody will be given to the mother, except when the mother is not fit to directly care, nurture, and educate the child, or if there is another agreement between the parents that is in the best interest of the child.

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Apart from the above-mentioned case, if the husband or wife wants to gain custody of the child, each party must prove their financial conditions; morality, character; and the amount of time spent caring for, educating, and nurturing the child. Additionally, material factors such as living conditions, commuting to and from school, and spiritual factors such as recreational activities that help the child develop in a healthy and pure manner must also be considered.

Based on the above, the following factors can be listed that the husband or wife must ensure in order to gain custody of the child:

- Monthly income (is it sufficient to support the child?);- Stable residence (is it secure for the child's long-term living?);- Living environment (is it conducive to the child's physical and mental development?);- Working hours (is there enough time to care for, teach, and educate the child?);- Child's wishes: Who does the child want to live with (applicable only to children who are 7 years old or older).

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