How to Obtain Child Custody with a Low Income?

After divorce, parents still have rights and obligations to supervise, take care of, nurture, and educate minor children. Clause 2, Article 81 of the Law on Marriage and Family 2014 stipulates, "Husband and wife shall agree on the person directly raising the child, obligations, and rights of each party after divorce in relation to the child; in case no agreement is reached, the Court shall decide to give the child to one party for direct upbringing based on the child's best interests; if the child is 7 years old or older, the child's wishes must be considered."

Under this regulation, the assignment of child custody must be based on the child's comprehensive interests, with income not being the decisive factor determining who has the right to raise the child.

Illustrative image (Source: Internet)

To win child custody, evidence must be provided to the Court proving that the wife/husband has better overall conditions to foster the child's physical and mental development. The Court will consider comprehensively and make the most suitable decision to ensure the child's best development.

Common factors to consider include:

- Monthly income.

- Stable residence after divorce.

- Living environment ensuring both mental and physical development of the child.

- Working hours to see if there is time to care for the child.

- Moral character.

- Child’s gender.

Note, the law also allows for the change of the person directly raising the child after divorce. Specifically, Article 84 of the Law on Marriage and Family 2014 stipulates that changing the person directly raising the child shall be resolved when one of the following grounds exists:

- Parents agree to change the person directly raising the child in a manner that aligns with the child’s best interests;

- The person directly raising the child no longer meets the conditions to directly supervise, care for, nurture, and educate the child.

At the same time, the change of the person directly raising the child must consider the wishes of the child who is 7 years old or older.

With this regulation, if a person previously did not win child custody but has since improved the necessary conditions, and the person currently directly raising the child no longer meets the conditions to directly supervise, care for, nurture, and educate the child, this person has the full right to request the Court to reconsider who has the right to raise the child. If deemed reasonable, the Court will change the person directly raising the child.

Thanh Lam

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