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Child custody disputes after divorce

08/07/2020 - 04:48

Who will be the custodian after the divorce can be agreed by husband and wife and recognized by the Court in the judgment. If no agreement can be reached, the two parties can ask the Court to resolve this custody.

Accordingly, some provisions of the law on family and marriage the right to raise children are as follows:

+ Wife and husband agree on the person directly raising the child, the obligations and rights of each party towards the child after divorce; In case no agreement can be reached, the Court shall decide to assign the child to one party to directly raise the child based on the interests of all aspects of the child; If the child is 7 years old or older, the child’s aspirations must be considered.

+ Children under 36 months old are assigned to their mothers directly to raise, unless the mother is not qualified to directly look after, care for, nurture or educate the child or the parents have other agreements in accordance with the benefits. of children.

For a person who does not directly raise a child, he / she has the obligation to support the other for the care and nurture until maturity. The level of support is agreed upon by both parties or depends on the economic capacity of the party not directly performing the nurturing obligation. If the two parties cannot agree on who will directly raise the child, the Court will consider and assign custody of a spouse. A person who does not directly raise a child will have the following rights under Article 82 of the 2012 Law on Marriage and Family:

“Article 82. Obligations and rights of a parent not to directly raise a child after the divorce

Parents who do not directly raise children are obliged to respect the child’s right to live with the person directly raising a child.
Parents who do not directly raise children have the obligation to support their children.
After a divorce, the person who does not directly raise a child has the right and obligation to visit the child without anyone being obstructed.

If a parent who does not directly nurture a child abuses a visit to obstruct or adversely affect the care, care, nurturing and education of the child, the person directly raising a child has the right to request a court to restrict the right visit the person’s child. ”

Above is the advisory content of Thien Nam Law on custody disputes. If you still have questions, are unclear or need other legal assistance, please contact via Email or call the online lawyer department for timely answers and support.

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