Rights and obligations of parents towards their children after divorce

by HaTrang

Divorce is the end of a husband and wife relationship when both are no longer happy together. One of the issues that need to be resolved when getting a divorce is the rights and obligations of parents towards their children after the divorce. LSX will provide everything you need to know.

Legal Grounds

Law on Marriage and Family 2014

Looking after, care for, raising and education of children after divorce

Article 81 of the Law on Marriage and Family 2014 provides:

  • After a divorce, parents still have rights and obligations to look after, care for, raise and educate minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves in accordance with this Law, the Civil Code and other relevant laws.
  • Husband and wife shall reach agreement on the person who directly raises their children and on his and her obligations and rights toward their children after divorce. If they fail to reach agreement; the court shall appoint either of them to directly raise the children; taking into account the children’s benefits in all aspects. If a child is full 7 years or older his/her desire shall be considered.
  • A child under 36 months of age shall be directly raised by the mother; unless the mother cannot afford to directly look after; care for, raise and educate the child or otherwise agreed by the parents in the interests of the child.”

The law sets this out to ensure the best interests of the child. Divorce does not end the rights and obligations between parents and children. After a divorce, parents have the right and obligation to look after, care for, raise and educate their minor children and adult children who have lost their civil act capacity or are unable to work and have no property. to feed themselves according to the provisions of the law.

Rights and obligations of parents who do not directly raise children after divorce

Persons who do not directly raise children have the rights and obligations specified in Article 82 of the Law on Marriage and Family 2014 including

Parents who do not directly raise their children have the obligation to respect the child’s right to live with the person directly raising them.

Parents who do not directly raise children have the obligation to support their children.

After a divorce, the person who does not directly raise the child has the right and obligation to visit the child without being obstructed by anyone. If a parent who does not directly raise a child abuses visitation to obstruct or adversely affect the care; upbringing and education of the child; the person directly raising the child has the right to request the Court to restrict visitation rights of that person’s children.

After a divorce, most parents understand the pain and hurt of their children that is difficult to heal.

Therefore, they are always willing to join hands with those who directly raise their children to create the best living environment for their children.

Besides, there are also some parents because of their hatred and selfishness; so they abuse this legitimate right to obstruct or adversely affect the child rearing of the person directly raising the child.

Therefore, the law recognizes sanctions to limit the right to visit children in order to protect the right to care and education of children after their parents divorce.

Obligations and rights of the parent directly raising children toward the person not directly raise children after divorce

Article 83 of the Law on Marriage and Family 2014 specifically provides as follows:

Firstly, the parent directly raising a child has the right to request the person not directly raising this child to fulfill the obligations prescribed in Article 82 of this Law and request this person and family members to respect his/her right to raise the child.

Secondly, the parent directly raising a child and family members may not obstruct the person not directly raising the child from visiting; caring for; raising and educating this child.

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Related questions

Obligations and rights of the parent who does not directly raise children after divorce?

Firstly, the parent who does not directly raise a child shall respect the child’s right to live with the person who directly raises him/her.
Secondly, the parent who does not directly raise a child shall support this child.
Thirdly, after divorcee; the person who does not directly raise a child has the right and obligation to visit and care for this child without being obstructed by any person.

When does the parent who directly raise a child has the right to request a court to restrict the right of the other parent who does not directly raise this child?

The parent who directly raises a child has the right to request a court to restrict the right of the other parent who does not directly raise this child if the latter takes advantage of his/her visit to and care for the child to obstruct or adversely affect the looking after; care for; raising and education of this child.

Does parents have the right to change of the person directly raising children after divorce?

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.

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