The problem of not registering the marriage, who has custody of the children? The problem of not registering the marriage, whose last name is the child? Who get custody of children in divorce in Viet Nam? Let us learn about this topic with LSX law firm as follow:
The problem of not registering the marriage, who has custody of the children?
According to the 2014 Law on Marriage and Family; men and women who do not register their marriage are not recognized as husband and wife; but common children are still recognized. When there is a dispute about common children; the settlement will still apply according to the Law on Marriage and Family. So who will have custody of the children if the marriage is not registered? Article 81 of the Law on Marriage and Family 2014 provides:
“Spouses and husbands agree on who directly raises children, obligations and rights of each party after divorce towards children; in case no agreement can be reached; the court shall decide to assign the child to one party to directly raise it based on the child’s interests in all aspects; if the child is full 07 years old or older, the child’s wishes must be considered.
Children under 36 months of age shall be assigned to their mothers to directly raise them; unless the mothers are not eligible to directly look after, care for; raise and educate the children or the parents have other agreements in accordance with the interests of the children. child”.
It can be said that, even though the marriage is not registered; the father and mother are still equal in agreeing who has custody and custody rights under the marriage and family law.
Counseling process for not registering marriage, who has custody of children of LSX Law Firm
When you want LSX Law Firm to advise you on the matter of having children together; but not registering your marriage, we will follow the following process:
Firstly, based on the customer’s request, we will receive the consultation request
Secondly, Once the two parties agree, they will sign a service contract
Thirdly, after that, we analyze; evaluate and determine the content and nature of the relationship that needs counseling, which here is not registering marriage but having children.
Next, select a legal source to apply to solve the problem of having children together but not registering the marriage.
Then, we proceed to develop a plan to advise who does not register the marriage who has custody of the children
Finally, answer our consultation on child custody when not registered for marriage.
If you don’t register your marriage, will you give birth to a child?
Article 14 of the 2014 Law on Marriage and Family provides:
“Men and women who fully meet the conditions for marriage under this Law; and live together as husband and wife without marriage registration shall not give rise to rights and obligations between husband and wife. Rights and obligations towards children, property; obligations and contracts between the parties shall be; settled according to the provisions of Articles 15 and 16 of this Law.”
Thus, parents must perform obligations towards their children, including birth registration for their children. Within 60 days from the date of birth of the child; the father or mother must register the child’s birth or else will be fined.
Besides, Article 9 of Decree 123/2015/ND-CP, if the parents have registered their marriage, they must present the marriage registration certificate. In case the parents do not register their marriage; the father’s name or mother’s name will be left blank if the person going to register is the other.
The problem of not registering the marriage, whose last name is the child?
If the person who is said to be the child’s father wants to be recognized by law and recorded in the father’s section of the child’s birth certificate; he or she must carry out procedures to recognize the child without registering the marriage. In case the father adopts a minor child; the consent of the mother is required, unless the mother is dead, missing or has lost her civil act capacity, or has limited civil act capacity.
What do you need to prepare in order to win custody of children without registering your marriage?
First of all, LSX Law Firm will assist you in providing you with a form of an unregistered child custody agreement; so that the two parties can come to an agreement, avoiding disputes in Court that cause more time.
Besides, you need to meet all the required conditions to be able to give your child the best life; and you must prove that to be able to have custody of the child without registering the marriage.
In case you want to know more about Consultancy service on marriage procedures with Vietnamese, let read this article.
Finally, hope this article about Not registering the marriage, who has custody of the children? is helpful for you!
Divorce is the termination of the marital relationship decided by the Court at the request of the wife; or husband or both spouses; canceling the legal and responsibilities of marriage and other civil obligations.
Voluntary divorce is a case in which both spouses voluntarily divorce; and have reached an agreement on the division of property, the care; nurturing, care, and education of children based on ensuring legitimate interests.