Who directly exercises custody after divorce?

According to the provisions of Article 81 of the Law on Marriage and Family 2014, husband and wife will agree to raise children after divorce. If no agreement is reached, the court will decide which party will be given custody of the kid and will make that decision based on the child's interests in all aspects; if the child is full-age 07 or older, the child's wishes must be considered.

When parents divorce without agreeing on child custody, the court will decide who will have custody of the kids in order to protect their best interests. The court will base its decision on things including where each partner may live, their income, and how much time they can devote to raising the kids. Accordingly, the custodial person must prove to the Court these factors.

In case the child is under 3 years old, by default, the custody of the child belongs to the mother, unless the mother is not qualified to directly care for, nurture, and educate the child or the parents have other agreements.

Conditions for changing child custody after divorce

Specifically, Clause 2, Article 84 of the Law on Marriage and Family stipulates the grounds for changing the person directly raising children after a divorce, including:

• After the divorce, the father and mother have an agreement to change the person directly raising the child to ensure the greatest benefit for the child.

• The person directly raising the child no longer has enough conditions to guarantee the child's interests in all aspects of caring, looking after, raising and educating the child.

• If the child is full 07 years old or older, the child's wishes must be considered.

• In case it is found that both parents are ineligible to directly raise the child, the court shall decide to hand over the child to the guardian according to the provisions of the Civil Code.

Thus, if falling into one of the above cases, the parents can request the Court to change the person directly raising the child after the divorce.

Who is required to change custody after divorce?

Articles 84 and 85 of the Law on Marriage and Family stipulate that subjects who are required to change custody rights after divorce include:

• Father;

• Mother;

• Relatives: grandfather, grandmother, aunt, uncle, uncle, aunt, etc;

• State management agency on family and children;

• Women's Union.

The procedure for changing child custody after divorce in Vietnam

Preparatory dossier

• Application for change of custody of children after divorce;

• Decision, divorce judgment of the Court;

• Documents proving that the request for change of child custodian is grounded and lawful;

• ID card/CCCD (still valid); Registration book;

• Child's birth certificate (certified copy).

Number of records: 01 set

Implementation procedure

• The petitioner submits the lawsuit petition at the competent People's Court.

• After receiving the lawsuit petition and accompanying documents and evidence, if deeming that the case falls under the jurisdiction of the Court, the Judge must immediately notify the petitioner so that they can go to the Court to carry out the procedures for filing the lawsuit. court fee advance.

• Within 07 days from the date of receipt of the Court's notice of the payment of the court cost advance, the plaintiff must pay the court cost advance and submit to the Court a receipt for the collection of the court fee advance.

• The court handles the case.

• Conduct conciliation and agreement on the change of child custody. If the conciliation fails, the following procedures shall be carried out to bring the case to trial.

Settlement time

The time it takes to resolve a request to switch who has custody of a child following a divorce will vary depending on the type of request:

• Filing a lawsuit: Normally, the settlement time will be 04 - 06 months.

• Requirements: Normally, the processing time will be 02 - 03 months.

However, depending on the specific case, the resolution time may really be either shorter or longer.

How to contact good divorce Lawyer service in Vietnam

Owning a team of lawyers, professional and skilled employees, LHLegal Law Firm is confident to thoroughly solve client's needs for consultation service for a mutual consent divorce procedure.

You'll be able to resolve the problem more swiftly if you have legal counsel on your side. 

Additionally, we will help you ensure the best interests and avoid unnecessary disputes that affect your life.

If you need a consultation service for a mutual consent divorce procedure in Ho Chi Minh City, please call the hotline at 1900 2929 01 and press no.2. You can meet a lawyer there for guidance.

If you need to schedule a meeting with a lawyer at the office, please press no.7.

LHLegal Law Firm offers legal advice services via the hotline, and we also receive guidance on marriage and family cases and consultation service for divorce procedures via email at Hoa.Le@luatsulh.com. Clients also can directly make service requests and appointment bookings at:

Website: https://luatsulh.com/

Fanpage: LHLegal Law Firm

Zalo: 0903 796 830

Hotline: 1900 2929 01