Divorce is something no one wants. But if this is the case, then the issue of who will be the caretaker is always concerned. Determining custody is based on a combination of factors.
Divorce is something no one wants. But if this is the case, then the issue of who will be the caretaker is always concerned. Determining custody is based on a combination of factors. Hopefully the article below will help you get your answer.
1. Will father or mother be the one to raise children?
The law respects the parties' agreement to bring up a child. For those families who are divorced, the two parties can arrange, discuss and agree on the direct parenting of their children.
In cases of dispute, custody will be determined by the competent Court according to the provisions of law.
Article 81 of the 2014 Law on Marriage and Family stipulates:
- After divorce, parents still have the rights and obligations to look after, care for, nurture and educate minor children, adult children who have lost civil act capacity or are incapable of working and are not have the property to support himself
- Husband and wife reach agreement on the person directly raising children, the obligations and rights of each party after divorce against their children; In case no agreement is reached, the Court decides to hand the children to a party directly raising them based on the interests in all aspects of the child; If the child is full 07 years or older, his / her wishes must be considered.
- Children under 36 months of age are assigned to their mothers to directly rear them, except where mothers are not eligible to directly look after, care for, nurture or educate their children or parents have other agreements suitable to their interests. of children.
2. Conditions to gain custody of children
To gain custody, parents must prove their ability and conditions in all aspects from material to mental can ensure the best conditions and in accordance with the interests of the child.
Parents must prove that they have all the basic material conditions such as:
- Having real income;
- Having a stable job;
- Having stable accommodation (lawful dwelling houses);
These conditions will be verified by the court through the relevant documents. These can be labor contracts, payrolls, house papers, land use right certificates, etc.
At the same time, your income and material conditions must be better than the other person, the chances of having a custody of the children are higher.
Other requirements on nurturing conditions, living space, study and play are also considered.
In addition to material things, parents must ensure other spiritual conditions such as caring time and raising children; your feelings and attitudes toward you; moral character of parents ...
After summing up all the information the court will decide who can provide and raise the children with the best possible condition.
In case of disagreeing with a court's ruling, the time limit for appeal against a first-instance court's judgment is 15 days from the date of pronouncement of the judgment or change of the agreement within 07 days from the date of its making. minutes of successful mediation (Article 273 and Article 212 of the 2015 Civil Procedure Code)
3. Don'ts when trying to gain custody of a child
The court decides child custody based on many factors. Your child custody will also be limited if you have the following factors.
According to Article 85 of the Law on Marriage and Family 2014: Parents are restricted rights to minor children in the following cases:
- Being convicted of one of the crimes of infringing upon their children's life, health, dignity and honor with intentional faults or serious violations of the obligation to look after, care for, raise and educate their children ;
- Dispersing children's property;
- Having a depraved lifestyle;
- Inciting and forcing children to do things that are against the law and against social morals;
Depending on each specific case, the Court may, on its own discretion or at the request of individuals, agencies or organizations prescribed in Article 86 of this Law, issue a decision not to allow parents to look after, care for, educating children, managing their own property or legal representatives for their children for a period of from 1 year to 5 years. The court may consider shortening this deadline.
If you have any questions, please contact Dai Viet Notary Office (now Tran Hang Notary Office) / Dai Viet Law Co., Ltd for specific answers.
DAI VIET LAW CO., LTD-DAI VIET NOTARY OFFICE
Address: Số 411 Phố Kim Mã - Ba Đình - Hà Nội
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
Divorce is something no one wants. But if this is the case, then the issue of who will be the caretaker is always concerned. Determining custody is based on a combination of factors. Hopefully the article below will help you get your answer.
1. Will father or mother be the one to raise children?
The law respects the parties' agreement to bring up a child. For those families who are divorced, the two parties can arrange, discuss and agree on the direct parenting of their children.
In cases of dispute, custody will be determined by the competent Court according to the provisions of law.
Article 81 of the 2014 Law on Marriage and Family stipulates:
- After divorce, parents still have the rights and obligations to look after, care for, nurture and educate minor children, adult children who have lost civil act capacity or are incapable of working and are not have the property to support himself
- Husband and wife reach agreement on the person directly raising children, the obligations and rights of each party after divorce against their children; In case no agreement is reached, the Court decides to hand the children to a party directly raising them based on the interests in all aspects of the child; If the child is full 07 years or older, his / her wishes must be considered.
- Children under 36 months of age are assigned to their mothers to directly rear them, except where mothers are not eligible to directly look after, care for, nurture or educate their children or parents have other agreements suitable to their interests. of children.
2. Conditions to gain custody of children
To gain custody, parents must prove their ability and conditions in all aspects from material to mental can ensure the best conditions and in accordance with the interests of the child.
Parents must prove that they have all the basic material conditions such as:
- Having real income;
- Having a stable job;
- Having stable accommodation (lawful dwelling houses);
These conditions will be verified by the court through the relevant documents. These can be labor contracts, payrolls, house papers, land use right certificates, etc.
At the same time, your income and material conditions must be better than the other person, the chances of having a custody of the children are higher.
Other requirements on nurturing conditions, living space, study and play are also considered.
In addition to material things, parents must ensure other spiritual conditions such as caring time and raising children; your feelings and attitudes toward you; moral character of parents ...
After summing up all the information the court will decide who can provide and raise the children with the best possible condition.
In case of disagreeing with a court's ruling, the time limit for appeal against a first-instance court's judgment is 15 days from the date of pronouncement of the judgment or change of the agreement within 07 days from the date of its making. minutes of successful mediation (Article 273 and Article 212 of the 2015 Civil Procedure Code)
3. Don'ts when trying to gain custody of a child
The court decides child custody based on many factors. Your child custody will also be limited if you have the following factors.
According to Article 85 of the Law on Marriage and Family 2014: Parents are restricted rights to minor children in the following cases:
- Being convicted of one of the crimes of infringing upon their children's life, health, dignity and honor with intentional faults or serious violations of the obligation to look after, care for, raise and educate their children ;
- Dispersing children's property;
- Having a depraved lifestyle;
- Inciting and forcing children to do things that are against the law and against social morals;
Depending on each specific case, the Court may, on its own discretion or at the request of individuals, agencies or organizations prescribed in Article 86 of this Law, issue a decision not to allow parents to look after, care for, educating children, managing their own property or legal representatives for their children for a period of from 1 year to 5 years. The court may consider shortening this deadline.
If you have any questions, please contact Dai Viet Notary Office (now Tran Hang Notary Office) / Dai Viet Law Co., Ltd for specific answers.
DAI VIET LAW CO., LTD-DAI VIET NOTARY OFFICE
Address: Số 411 Phố Kim Mã - Ba Đình - Hà Nội
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
