Conditions for changing child custody after divorce in Vietnam. Who is required to change custody in Vietnam? Let us learn about this topic with LSX law firm as follow:
Conditions for changing child custody after divorce in Vietnam
Case both parents do not have custody of children after divorce? In fact, there are many cases where, after gaining custody of a child, the father or mother does not care about the child, even domestic violence … does not guarantee the best interests of the child, according to the provisions of Article 84 of the Law Marriage and Family who directly raise children can be; changed.
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 in 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 particular, Clause 4, Article 84 of the Law on Marriage and Family 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.
Children can only be; assigned to guardians according to the basis of Clause 1; Article 47 of the Civil Code when the parents are declared by the Court to have limited rights with the children; and the parents have no conditions to care for and educate the children, both parents have limited civil act capacity… and require a guardian.
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 in Vietnam?
Because after the divorce, the Court will assign the right to directly raise the child to one of the spouses; who are fully qualified to care for, raise and educate the child. Therefore, when requesting to change custody of a child, the right person will first be the parent of that child. How long does it take to resolve a divorce in Vietnam?
Specifically, Clause 1, Article 84 of the Law on Marriage and Family provides:
At the request of a parent or individual or organization specified in Clause 5 of this Article, the Court may decide to change the person directly raising the child.
According to this provision, the person who has the right to request the change of the person directly raising the child after the divorce is the parent or other individual or organization.
In which, according to Clause 5, Article 84 of the Law on Marriage and Family, if the person directly raising children is no longer eligible to directly raise children, the following individuals and organizations have the right to change the person directly raising children, including: :
– A loved one. Clause 19, Article 3 of the Law on Marriage and Family explains, this is a person who is related by marriage and upbringing, has the same direct bloodline and has a family name within three generations. Therefore, relatives can be grandfather, grandmother, aunt, uncle, uncle, aunt…
– State management agencies in charge of families and children: People’s Committees of districts and provinces; Department of Labor, Invalids and Social Affairs; or Department of Labor, Invalids and Social Affairs; Department of Culture, Sports and Tourism…
Procedures for changing child custody after divorce
What documents need to be prepared?
- Petition for change of custody of children or petition for change of custody of children.
- The court’s legally effective divorce decision or judgment.
- Identity card/Citizen ID/Passport, valid, household registration book.
- Child’s birth certificate.
- Evidences for the lawsuit to change the direct custody of the child (applicable in case the two parties cannot reach an agreement or initiate a lawsuit to change the child custody when the person who is directly raising the child no longer has enough conditions to raise your children).
Finally, hope this article about Conditions for changing child custody after divorce in Vietnam is helpful for you!
Depending on the form of request to change the child custodian after the divorce, the resolution time will be fast or slow:
Filing a lawsuit: Normally, the settlement time will be 04 – 06 months.
Request: Normally, the processing time will be 02 – 03 months.
According to Resolution 326/2016/NQ-UBTVQH14, the court fee and the fee for changing the person directly raising the child after the divorce is 300,000 VND.