Nowadays, many still believe that after a divorce only parents have the right to decide on the child custody because the child is too young. When do children have the right to choose to live with either parent in Vietnam?
Article table of contents
When do children have the right to choose to live with either parent in Vietnam? (Source: internet)
1. Parental obligations to their children after divorce
Article 81 of the Law on Marriage and Family 2014 stipulate the obligation of looking after, care for, raising and education of children after divorce, as follows:
- 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.
- 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.
- 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.
2. The right to dispose of children's property
Article 77 of the Law on Marriage and Family (2014) states the following about the right to dispose of separate property of children:
- Parents or guardians who manage under-15 children’s own property have the right to dispose of such property in the interests of the children and shall take into account the children’s desire if they are full 9 years or older.
- Children aged between full 15 and under 18 have the right to dispose of their own property other than real estate, movable assets with registered ownership and use rights or property used for business activities the disposal of which is subject to written consent of their parents or guardians.
- Guardians of adult children who have lost their civil act capacity may dispose of the latter’s own property.
3. Restrictions on parents’ rights toward their children
According to Article 85 of the Law on Marriage and Family (2014), restrictions on parents’ rights toward their minor children are as follows:
- A parent shall have his/her rights toward a minor child restricted when:
+ He/she is convicted of one of the crimes of intentionally infringing upon the life, health, dignity or honor of this child or commits acts of seriously breaching the obligations to look after, care for, raise and educate children;
+ He/she disperses property of the child;
+ He/she leads a depraved life;
+ He/she incites or forces the child to act against law or social ethics.
- On ạ case-by-case basis, a court shall itself, or at the request of the persons, agencies or organizations prescribed in Article 86 of this Law, issue a decision disallowing a parent to look after, care for and educate a child or manage the child’s own property or act as the child’s representative at law for between 1 and 5 years. The court may consider shortening this period of time.
Thus, children from the age of 7 have the right to decide whether to live with their parents.
Chi Nhan
