Bài viết


Hello lawyer,

My sister got married for almost 3 years and have children are 25 months old. After a period of living due to disagreements with the husband’s family, and feels he does not protect the rights of the wife. After much negotiation and mend (between 2 spouses) failed so I decided to divorce her.
So I asked her lawyer to have the advantage to be raising children? Sister I do salary is 6 million. Her husband about it but also the financially better husband. Now if we demonstrate financial might is child rearing, she did not have custody?

We wish lawyer answers!

Sincerely thank!

Here is the advice of a lawyer:


For your concerns we would give some advice as follows:

The consideration and direct empowerment for shared custody parent after divorce is not only based on economic conditions of each party but also depends on many factors of the environment, the age of the child, emotional between children with parents … to make children enjoy the care, education and the best development environment. Therefore, in accordance with Clause 3 of Article 81 of the Law on Marriage and Family in 2014, the child is still under 36 months old in principle to be delivered direct to the mother animal, except if the mother is not eligible for direct supervision, care, nurture and educate their children.

So in this case, although the economic conditions are not good sister by her husband but still have a steady income and have direct access to care and educate their children if a dispute occurs, the child will assigned to directly foster mother.

We hope that the advice may address some of your concerns.

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