Case both parents do not have custody of children after divorce? Parents divorce, children live with whom? Let us learn about this topic with LSX law firm as follow:
Parents divorce, children live with whom?
What is a divorce? What is the common cause of divorce in Vietnam? After a divorce, if the parents have an agreement, the Court will recognize that; agreement and assign custody of the children to one of them.
However, if the parents do not reach an agreement; However, the following factors will be considered:
– Children from full 07 years old: Consider your child’s wishes.
– Children under 36 months old: Assign the mother to raise the child, but if the mother is not qualified to; or the parents agree, the custody of the child under 36 months old will be fosterfather.
Accordingly, the person assigned to directly raise the child must ensure all aspects of the child’s interests. The person who is not assigned child custody has the right to visit the child without being obstructed; but also must not abuse it to obstruct / adversely affect the child.
At the same time, the person who is not assigned to raise the child must fulfill the child support obligation. The level of support is agreed upon by the parents. If an agreement cannot be reached, the Court may decide based on the income; the actual ability of the supporter, and the essential needs of the child.
Thus: When the parents divorce, if there is an agreement; the Court will hand over the children according to that agreement; If there is no agreement; usually the child will be handed over to the father or mother – who guarantees the child’s interests in all aspects. How long does it take to resolve a divorce in Vietnam?
Particularly for children aged full 07, they shall consult their children; and children under 36 months old shall be handed over to their adoptive mothers if the mother is fully qualified to care and nurture the children.
In which case both parents do not have custody of children after divorce?
According to the provisions of Article 81 of the Law on Marriage and Family; after a divorce, the Court will hand over the child to one of the two parents to take care of according to the agreement of the father or mother; or not according to the agreement, based on the best interests in all aspects for the child.
However, Clause 4, Article 84 of the Law on Marriage and Family 2014 states:
In case both parents are not eligible 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.
According to the regulations, if both parents are not eligible to directly raise the child; the person raising the child will be the guardian. This is also the provision stated at Point b, Clause 1, Article 47 of the Civil Code, the ward is the person:
Minors have a father or mother, but both of their parents have lost their civil act capacity; both parents have difficulties in perception and behavior control;and both parents have limited civil act capacity; or both parents have been declared by the Court to have limited rights to their children; both parents are unable to care for and educate their children and require a guardian;
Thus,
the cases where the child will not live with the father or not with the mother include:
– Both parents have lost their civil act capacity or both have difficulties in perception; behavior control or limited civil act capacity.
– Both parents have been declared by the Court to have limited rights with their children.
– Parents have no conditions to care for and educate their children and require a guardian.
The guardian must fully meet the conditions specified in Article 49 of the Civil Code as follows:
– Having full civil act capacity.
– Having good moral character, having full conditions to carry out the rearing, care and education of children who do not live with their parents after divorce.
– Not a person being examined for penal liability or a person convicted but not yet cleared of criminal records of crimes of infringing upon the life, health, honor, dignity and property of others such as Intentionally causing injury; Theft, Theft…
– Not a person whose rights to a minor child are restricted by the Court.
It can be seen that, according to the law, there will be 03 cases mentioned above, where the child does not live with the father or mother after the divorce of the father or mother, but will be raised, cared for and educated by the guardian…
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Related questions
According to the above definition of divorce; it can be seen that the result of a divorce consists of one of two types of documents: a divorce decision; and a legally effective divorce judgment.
In particular, according to the 2015 Civil Procedure Code; a decision is a result when the Court settles a civil case, and the judgment is the result when the Court settles a civil case.
At the same time, according to Articles 55 and 56 of the Law on Marriage and Family; there are two types of divorce including consent divorce and unilateral divorce.
In fact, there are many reasons leading to divorce between couples today in Vietnam. However, there are 2 of the following reasons; that are common among couples in Vietnam and are also easily accepted and resolved by the Court:
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