The person to raise and take care of children after the divorce will be agreed upon by the husband and wife or appointed by the Court when carrying out the divorce procedures. So, in what cases is it eligible to change custody right after a divorce has been declared in Vietnam?
Article table of contents
04 cases eligible for changing the custody right after divorce in Vietnam (Illustration)
According to Law on Marriage and Families in Vietnam, changes of the person directly raising children after divorce are stipulated as follows:
(1) At the request of a parent or a person or an organization prescribed in Clause 5 of this Article, a court may decide to change the person directly raising a child.
(2) Change of the person directly raising a child shall be settled when there is one of the following grounds:
- The parents agrees on change of the person directly raising a child in the interests of this child;
- The person directly raising the child no longer has sufficient conditions to directly look after, care for, raise and educate the child.
(3) When seeing that both parents fail to have sufficient conditions to directly raise a child, a court shall decide to assign this child to a guardian in accordance with the Civil Code in Vietnam.
(4) In case there are grounds showed that the person directly raising the child is no longer eligible to directly look after, take care, raise and educate the child, in the interests of a child, the following persons, agencies or organizations have the right to request change of the person directly raising this child:
- Next of kin;
- The state management agency in charge of families;
- The state management agency in charge of children;
- The women’s union.
Note:
- In Vietnam the change of person directly raising children must consider the wishes of children who are 07 years old or older.
Nhu Mai
- Key word:
- divorce in Vietnam
- custody right in Vietnam
