Child Custody Rights in Unmarried Situations: Legal Framework and Spirit of Cooperation for Foreigner

Child Custody Rights in Unmarried Situations: Legal Framework and Spirit of Cooperation for Foreigner

In multicultural of today and diverse world, romantic relationships often deviate from traditional norms. Many couples, including both Vietnamese and foreigners, choose to live together without registering marriage according to legal requirements. In such situations, child custody becomes a complex issue, requiring a deep understanding of the law and a sensitive appreciation of human rights and family happiness. Apolo Lawyers - Solicitors & Litigators (Tel:(+84) 903. 419. 479) will make an overview of the legal framework and socio-psychological factors involved in determining child custody in cases where marriage is not registered.

Child Custody Rights in Unmarried Situations: Legal Framework and Spirit of Cooperation for Foreigner

1. Legal Basis:

Under the Vietnamese Law on Marriage and Family 2014, registering marriage is not a prerequisite for obtaining child custody rights. Vietnamese citizens can live with foreigners without the need for marriage registration according to Vietnamese law. However, this does not completely shield them from legal risks, especially when it comes to asserting custody rights following relationship breakdowns.

According to Article 14 of the Law on Marriage and Family, even if individuals are eligible to register for marriage but choose not to register and only cohabit like spouses, this does not create rights or obligations between them as spouses. However, rights and obligations regarding children are still established.

In accordance with Article 71 of this Law, parents have equal rights and obligations to jointly care for and raise   children. Therefore, when both no longer live together, the decision on who will take care of the children still follows the principle of agreement.

The two individuals can agree on the custodian, obligations, and rights of each party when both no longer live together. In cases where no agreement can be reached, the Court will base its decision on the child s best interests to assign custody to the appropriate caregiver.

Child Custody Rights in Unmarried Situations: Legal Framework and Spirit of Cooperation for Foreigner

However, there are 2 special cases where the Court will:

• Taking into account the wishes of the child if the children are at least 7 years old;
• The mother directly cares for the child when the child is under 36 months old. However, if the mother is not qualified to care for the child, the Court may consider granting custody to the father or another suitable person who meets the necessary conditions.
• Thus, the relationship between the father, mother, and child persists regardless of the marital status of the parents.

Therefore, when seeking custody rights in this situation, either parent can negotiate. If no agreement can be reached,   must demonstrate that are best suited for the child s development.

2. Rights of Foreign Nationals:

In some cases, foreigners may encounter significant challenges in asserting custody rights when   relationship is not legally recognized in Vietnam.   may face requirements to prove parental relationships and undergo strict scrutiny by authorities.

Conditions for Reclaiming Child Custody:

2.1. Subject Conditions:

The caregiver must possess full legal capacity, moral integrity, and good character.   should not be subject to restrictions on parental rights towards the child as stipulated in Article 85 of the 2014 Law on Marriage and Family.

2.1. Material Conditions (Economic):

  must demonstrate financial stability through stable income and property to provide for the child s needs.   must have a legal residence to offer the child a suitable living environment.   must be capable of meeting at least the basic needs of the child. Material conditions aim to ensure that the child has the best possible life in line with the caregiver s capabilities.

2.3. Psychological Conditions:

• There should be no domestic violence towards the child.

• The child should not be exposed to negative social issues.
• The caregiver s education should not negatively impact the child s perception if under 18 years old.
• The caregiver should not neglect, fail to care for, or spend insufficient time with the child.

2.4. Procedure for Pursuing Custody with Foreign Elements:

The jurisdiction for resolving cases of changing the direct custodian of the child when one party to the lawsuit resides abroad and the other resides in Vietnam falls under the jurisdiction of the provincial People s Court where the defendant is domiciled, as stipulated in Articles 28, 37, 39, and 469 of the 2015 Civil Procedure Code.

3. Priority for the Best Interests of the Child:

Decisions regarding child custody are always based on the best interests of the child. Regardless of parental origin, the welfare and happiness of the child are given top priority.

Child Custody Rights in Unmarried Situations: Legal Framework and Spirit of Cooperation for Foreigner

4. The Importance of Court Decisions:

In disputed cases, the role of the court is crucial. The court considers factors such as each party s caregiving ability, living environment, and relationship with the child before making decisions.

5. Seeking Peaceful Solutions:

In all situations, cooperation and negotiation between parties are key to resolving disputes peacefully and fairly. Avoiding legal disputes helps protect family happiness and creates favorable conditions for the child s development.

Therefore, a profound understanding of legal regulations, sensitivity to family situations, and mutual respect are essential for resolving child custody issues in unregistered marriage situations in a rational and humane manner.

Apolo Lawyers is a legal consulting service provider with a team of high quality and professional lawyers and litigation attorneys, ensuring to provide customers with a full package of legal services. For more detailed information, please contact:

Apolo Lawyers - Solicitors & Litigators

Address: No 108 Tran Dinh Xu Street, Nguyen Cu Trinh Ward, District 1, Ho Chi Minh City

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