Foreigners obtaining custody of children in Vietnam

When dealing with a divorce case, there are usually three main legal relationships: marriage, children and child support, and property. Among these, the issue of who will have custody of the children after the divorce is always a matter of concern for the parties involved. In particular, for foreigners, is their right to custody of children restricted after a divorce? Do foreigners have the right to custody of children after a divorce in Vietnam? Below, LHB Law Firm’s Marriage and Family Lawyers will answer all issues related to divorce involving foreign elements in Vietnam. Clients who wish to receive consultation, please contact LHB Law Firm via Hotline: +84.969.088.118 (Zalo).

Can foreigners gain custody of children in Vietnam?

The right to raise and take care of children is a right closely related to the parent-child relationship. The rights and obligations of parents towards their children are not affected by the parents’ marital status. Whether the parents have a legal marriage or not, their rights and duties towards their children are recognized and protected by law. Parents are equal in their responsibilities to care for and raise their minor children.

Vietnamese Family and Marriage Law stipulates that after divorce, both parents still have the rights and obligations to look after, care for, raise, and educate their minor children. The husband and wife can reach an agreement on who will directly take care of the children and their respective rights and obligations after the divorce; if an agreement cannot be reached, the court will decide which parent will have custody based on the best interests of the child. If the child is 7 years old or older, the child’s wishes must be considered.

The law also stipulates that in marital relationships with Vietnamese citizens, foreigners in Vietnam have the same rights and obligations as Vietnamese citizens. Therefore, foreigners who divorce in Vietnam can request to obtain custody of their children.

Clients who are foreigners and wish to receive consultation about gaining custody of children in a divorce, please contact LHB Law Firm at Hotline: +84.969.088.118 (Zalo).

The difficulties faced by foreigners when seeking custody of their children in Vietnam include:

The consideration of child custody after divorce depends on several factors:

• The conditions and abilities of the parents in taking care of, nurturing, raising, and educating the child
• The bond and attachment between the child and the parents.
• The parents’ attention and care towards the child.
• Ensuring stability and minimizing disruption in the child’s living and educational environment.
• The child’s desire to live with siblings (if any) to ensure emotional and psychological stability.
• The child’s wish to live with the father or mother.

In practice, during the process of handling cases for our clients, we have noticed several difficulties for foreigners seeking custody of their children in Vietnam, such as:

• Language barriers when communicating with the child in daily life.
• The length of stay in Vietnam. Foreigners typically live in Vietnam for a limited time. When the visa expires, they are required to leave the country. Therefore, granting custody to a foreigner after divorce may result in a change in the child’s residence.
• Frequent changes in residence. Foreigners living in Vietnam often have to change their place of residence due to work requirements.
• Cultural differences and differences in lifestyle can pose challenges in the process of raising and nurturing the child.

Clients who are foreigners and wish to receive consultation about gaining custody of children in a divorce, please contact LHB Law Firm at Hotline: +84.969.088.118 (Zalo).

The Procedure for Child Custody Disputes in Vietnam

Child custody disputes in Vietnam can be resolved along with marital relationships. If there is a request, the Court may also consider changing the person who has direct custody of the child after divorce. The decision to change the person directly responsible for the child’s care after divorce depends on the following factors:

• The parents have agreed to change the direct custodian of the child in a manner that aligns with the child’s best interests.
• The current custodian is no longer capable of directly taking care of, nurturing, raising, and educating the child.

The steps for resolving a child custody dispute in Vietnam are as follows:

• Step 1: Collect and prepare documents. The party requesting custody of the child must gather and prepare documents such as: the child’s birth certificate, marriage registration, proof of residence, income verification, etc.
• Step 2: Draft the lawsuit petition or request for divorce and resolution of child custody after divorce; or request for a change in the custodian after divorce.
• Step 3: Submit the lawsuit petition or request to the People’s Court with jurisdiction.
• Step 4: Participate in the legal process at the competent People’s Court to resolve the child custody dispute.

Child custody disputes are among the most complex types of disputes. The outcome of the case directly impacts the life of the minor child, who is a vulnerable subject.

Clients who are foreigners and wish to receive consultation about gaining custody of children in a divorce, please contact LHB Law Firm at Hotline: +84.969.088.118 (Zalo).

Things to Do to Gain Child Custody in Vietnam

To have a solid basis for gaining child custody, clients need to make thorough preparations and have a strategy to prove that their request for custody is reasonable. For foreigners seeking child custody in Vietnam, the following steps should be taken:

• Prepare Material and Emotional Conditions: Ensure that you are capable of taking care of, nurturing, raising, and educating the child in the best possible manner.
• Fulfill Parental Responsibilities: Demonstrate your commitment and emotional connection to the child by fulfilling your obligations as a parent, showing care and attachment.
• Prepare Housing and Environment: Ensure that there is a stable living and learning environment for the child after divorce, so that the child’s living and educational surroundings are not disrupted.
• Prepare Necessary Documents: Gather required documents such as the child’s birth certificate, proof of residence, income verification, etc.
• Collect Evidence: Gather any unfavorable evidence against the other party.

For foreigners, the process of preparing and collecting documents may present challenges. Currently, LHB Law Firm offers services to assist clients in gathering the necessary documents and materials to secure child custody in Vietnam.

Clients who are foreigners and wish to receive consultation about gaining custody of children in a divorce, please contact LHB Law Firm at Hotline: +84.969.088.118 (Zalo).

Lawyers Supporting Child Custody in Vietnam

LHB Law Firm is a reputable legal entity specializing in handling divorce procedures in Vietnam. With a team of experienced and highly skilled lawyers and legal professionals, we are confident in our ability to resolve the issues our clients face. Over the years, we have consistently received positive feedback from our clients, which serves as both a source of pride and motivation for LHB Law Firm to continue growing. Currently, we offer legal services in marriage and family law, including:

• Consultation and Legal Strategy for Divorce: Providing guidance and creating solutions for divorce cases in accordance with Vietnamese law.
• Assistance with Document Collection: Helping clients gather necessary documents, prepare divorce petitions, and draft other related legal documents.
• Support for Divorce and Child Custody Procedures: Assisting clients in carrying out divorce and child custody procedures at the competent People’s Court.
• Assistance with Shared Children and Property Issues: Helping clients resolve issues regarding shared children and marital property after divorce.

With our network of lawyers and offices nationwide, we are able to assist clients with divorce procedures across all 63 provinces and cities in Vietnam.

Liên hệ Luật sư ly hôn LHB Law Firm tại Việt Nam: Hotline +84.969.088.118 (Zalo).

Sincerely!