Divorce 29/08/2022
When the husband and wife have not found a common voice, separation is inevitable. However, the issue of custody of children is something that causes husband and wife headaches because both want to gain custody of children. So how to get custody of children after divorce? The following article by Apolo Lawyers (Hotline: (+84) 903.419.479) will give you some perspective on this issue.
First, it must be understood that in case the husband and wife cannot come to an agreement, the Court will decide to assign the child to one party to directly raise it based on the interests of children in all aspects. The other person has the right to visit the child regularly and the decision of the court to assign the child to one parent does not limit the other rights of person to visit and take care of the child.
Thus, the factor "benefit in all aspects of the child" is the first consideration when deciding to entrust a child to a parent for direct care. This benefit takes into account both the physical and mental factors of the child.
For the case where the child is over 7 years old, the Court will further consider the wish of child to be with his/her father or mother. However, this is not the only determining factor that the Court will have to consider other physical and mental conditions in raising children to decide whom to assign the child to directly.
Particularly for children under 36 months old, the Court will give priority to the mother who directly takes care of them.
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It is extremely necessary to ask a lawyer for advice in disputes over child custody in divorce. Because, the lawyer will advise you in the case on how to prepare the best conditions, and prove to the Court that you have the best ability to care for and educate your children for the Court to consider assigning child custody to you.
There is an overview of how to get custody of children after divorce. If you have any questions about this issue, feel free to contract Apolo Lawyers – Solicitors & Litigators via Hotline: (+84) 903 419 479 or email contact@apolo.com.vn to be supported in the most optimal way.
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