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How to get direct custody of children after divorce?

Divorce 07/11/2022

When spouses can no longer find common ground, divorce is an inevitable consequence. One of the complex issues in a divorce is deciding who will get direct custody of children after divorce. So how to get direct custody of the children after divorce? Apolo Lawyers - Solicitors & Litigators (+84) 903.419.479 will answer for you in this article.

Let us pay full attention to the content of getting direct custody of children after divorce below.

1. Obligation to get custody of children after divorce

After divorce, a parent usually want to get direct custody of their children instead of the other. Even though the marriage relationship ends, many parents still want their children to be by their side.

On the other hand, from a legal perspective, parents are still obliged 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 or have no asset to support themselves after divorce.

2. Principles of getting direct custody of children after divorce

In case the parties can agree on who directly raise the children after divorce, the story will be easier. However, usually the parties will not reach an agreement. In order to avoid further harming the children and to settle the custody dispute smoothly, the law sets forth the following principles of getting direct custody of children after divorce:

- Self-agreement:

Husband and wife can agree on who will custody their children after divorce. At the same time, two people can also agree on the right to see the children, the obligation to support the children when "everyone goes their separate ways". The court will respect and recognize the agreement of the parties.

- Unable to come to a self-agreement:

If no agreement is reached, the Court will base on the interests of children in all aspects to decide to assign the children to the spouse to directly raise, care for and educate the children after divorce as follows:

  • If the child is under 36 months old, the Court will assign the children to the mother to directly raise, and the father will have to perform the support obligation. Only if the mother is not eligible to directly raise the child, the child under 36 months old will be assigned to the father to nurture, care for and educate…

  • If the child is full 07 years old or older, the Court will consider wishes of the children before handing it over to the father or mother to directly raise it. The consideration of wishes of the children is only for orientation, not to completely decide who is raising the child.

3. Evidences needed to get direct custody of the children after divorce

It is divided in to material conditions and mental conditions as follows:

- Material conditions (economic):

You must prove that you have all the material conditions after divorce such as:

  • Real income

  • Stable job

  • Have a stable place to live (lawful housing)

To prove this problem, you need to provide the Court with documents such as labor contract, payroll, documents proving land use rights, house ownership (Certificate of land use right, homeownership and property on land), ...

>> Read more: Child custody dispute with people living abroad

>> Read more: Divorce lawyers in Vietnam

- Mental conditions:

Mental conditions include: time to care for, teach and educate children, affection for the child so far, conditions for children to play and entertain, and moral character of parents.. .

In addition, you can present adverse evidences that show the other is not eligible to raise children such as:

  • Often go away for work, don not have time to be near children

  • Unstable income

  • Violent behavior, use of addictive stimulants

  • Divorce due to the fault of the other such as adultery, gambling, drinking, etc.

4. Services for getting direct custody of children after divorce at Apolo Lawyers

Apolo Lawyers - Solicitors & Litigators is known as one of the most prestigious with service about divorce in Vietnam. If you are too busy and disoriented to begin the "fight" for the right of custodying your children, Apolo Lawyers will help you take all these tasks. In addition, we also provide services on divorce right from a start such as submit petition for divorce settlement, negotiate with other party,...

Apolo Lawyers - Solicitors & Litigators is proud to be a law firm with many years of experience in supporting our clients in divorce. Therefore, if you have any questions about divorce and need support, do not hesitate to contact Apolo Lawyer via email: and hotline: (+84) 903.419.479 to be consulted and helped in the most optimal way.