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In Vũng Tàu, Vietnam, as in the rest of the country, child custody laws are primarily outlined in the Law on Marriage and Family. The primary focus of these laws is to safeguard the best interests of the child at all times. According to the law, children under 36 months normally live with their mothers unless special circumstances exist which prompt the involvement of the courts. For older children, custody is based on the child's welfare, their needs, and their interests. It's also worth noting that the child's opinion may be considered by the court if they are sufficiently mature to express their wishes.
While it may not always be necessary, involving a lawyer in child custody cases can offer numerous benefits. Disputes over custody can be complex and require the consideration of many legal criteria. A lawyer can help navigate these complexities, explaining your rights and advocating for your interests. Lawyers can also assist in drafting custody agreements, negotiating terms, and representing you during court proceedings. Having professional assistance can be especially crucial if your case involves unique circumstances, domestic abuse, or cases where the child's safety may be at risk.
According to Vietnamese law, the decision on child custody in cases of divorce takes into account the child's age, sex, health, and the emotional bond between the child and each parent. Additionally, the parents' capacity to raise the child, financial resources, and living conditions are also evaluated. At the age of 7 years old, the child's opinion is also considered if they are mature enough to express their opinion.
Joint custody, while not specifically defined in Vietnamese law, essentially indicates that both parents share legal and physical custody of their child post-divorce.
Yes, in certain circumstances where neither parent is deemed fit, custody may be awarded to grandparents or other suitable guardians.
Yes, custody orders can be changed if there is a material and substantial change in circumstances that affect the child's best interest. A lawyer can help in the petition for a modification of a custody order.
Primary physical custody, as per Vietnamese law, is granted to one parent with whom the child shall reside most of the time. The noncustodial parent will have visitation rights.
Child support, as per Vietnamese law, typically ends when the child reaches the age of 18 or finishes high school. However, it can be extended in case the child is still in school or has special needs.
Factors include the child's age, sex and health, the child's emotional ties with each parent, and each parent’s ability to provide ongoing affection, care, appropriate moral guidance, and education, among others.
If parents are unable to agree on child custody, the dispute will be taken to court and settled by a judge.
Child support and visitation are two separate matters under Vietnamese law. Non-payment of child support does not result in losing visitation rights.
Legal custody grants the parent(s) the right to make major decisions about the child's life, including those regarding education, religion, and health matters.
While it is possible to represent yourself, having a lawyer to guide you and advocate on your behalf can potentially lead to a better outcome in a custody dispute.
The official portal of the Vietnamese government and the Ministry of Justice website can provide you with relevant information and resources on child custody laws. Online communities and forums can also provide advice, though they should not be seen as replacements for legal advice.
If you require legal assistance in a child custody case, it is advisable to find a lawyer experienced in family law. Ensure you fully understand your rights and the child’s as well, and be prepared to cooperate with your lawyer in providing all necessary information. It's also recommended that you keep all relevant records and documents organized, as they may become crucial evidence in your case.
