Child custody decisions are among the most sensitive aspects of family law in Vietnam. When parents separate or divorce, questions often arise about who the child will live with. One of the most common queries from parents and children alike is: Can a child choose which parent to live with?
This article explores the legal framework, the role of a child’s opinion in custody decisions, and how Vietnamese courts weigh various factors when determining a child’s best interests. It also addresses related concerns such as age thresholds, joint custody, and what happens if both parents want full custody.
Legal Framework for Child Custody in Vietnam
Child custody is governed by the Law on Marriage and Family 2014. Article 81 of the law provides that after divorce, parents shall agree on who will directly raise the child. If no agreement is reached, the court decides based on the child’s best interests.
Vietnamese law does not give children an absolute right to decide which parent they live with. However, their opinions are considered, especially if the child is old enough to express reasoned preferences.
At What Age Can a Child Decide Custody in Vietnam?
Vietnamese family law provides clear guidance on when a child’s opinion becomes relevant in custody cases. According to Article 81(2) of the Law on Marriage and Family:
“If a child is full 7 years old or older, their wishes shall be considered in decisions concerning which parent will directly raise them.”
This means that from age 7 onwards, a child’s preference is taken into account, but it is not legally binding. The court evaluates whether the child’s choice reflects a genuine, informed desire or has been influenced by one parent.
How Do Courts Determine the Child’s Best Interests?
The best interests of the child are the central guiding principle in Vietnamese custody cases. While the child’s opinion is one factor, the court also evaluates:
- The child’s age, emotional maturity, and health
- The ability of each parent to provide a stable and nurturing environment
- Educational opportunities and proximity to school
- Each parent’s financial situation and living conditions
- Whether either parent has a history of domestic violence or neglect
- The existing emotional bond between the child and each parent
The child’s expressed preference must align with these factors to influence the final decision.
How Is a Child’s Opinion Collected?
Courts typically obtain the child’s opinion through a private interview conducted by a judge or court-appointed expert. This is done outside the presence of either parent to minimize pressure or influence.
The court seeks to understand:
- Whether the child has been coached or manipulated
- If the preference is based on emotional attachment or practical concerns
- The child’s overall emotional state
This information is recorded and used in conjunction with other evidence to make a custody determination.
Can a Teenager Refuse to Live With One Parent?
While Vietnamese law sets the minimum age for considering a child’s opinion at 7, older children and teenagers(typically 13 years and up) may be given more weight in custody evaluations. Courts recognize that adolescents have a stronger sense of independence and may be more articulate in expressing their preferences.
However, even a teenager’s refusal is not automatically granted. Judges still apply the best interest standard and assess whether the refusal is grounded in valid concerns such as safety, emotional well-being, or educational continuity.
What Happens if Both Parents Want Full Custody?
If both parents seek full custody, the court proceeds with a full evaluation of each parent’s ability to meet the child’s needs. This includes examining:
- The living conditions and caregiving capacity of each parent
- The emotional and psychological impact on the child
- Evidence of cooperation or conflict between the parents
In high-conflict cases, courts may consult psychologists or child welfare experts. The child’s wishes, especially if they are over 7, will still be considered but must align with broader welfare concerns. Custody is ultimately granted to the parent best equipped to serve the child’s overall well-being.
Does the Child’s Preference Matter in Joint Custody Cases?
In joint custody arrangements, courts often allocate specific periods of time for each parent to care for the child. While the legal residence may be with one parent, the other is granted visitation or shared parenting time.
In such cases, a child’s opinion can influence the structure of the arrangement. For example, if a child prefers to live with one parent during the school year and visit the other on holidays, courts may incorporate that into the final order. The court still ensures that both parents fulfill their duties and that the arrangement supports the child’s emotional and educational development.
Can a Custody Decision Be Changed Later?
Yes. Vietnamese law allows for the modification of custody arrangements if circumstances change. For example:
- A parent becomes unfit or unable to care for the child
- The child’s needs evolve with age
- The child expresses a strong, sustained desire to live with the other parent
In such cases, either parent can file a petition with the family court. The child’s wishes, particularly if over 7 years old, are again considered as part of the review process.
Conclusion
While a child in Vietnam does not have the legal power to unilaterally decide which parent to live with, their opinion becomes increasingly important with age. Vietnamese courts aim to balance the child’s preferences with a broad assessment of their welfare, family dynamics, and emotional needs.
If you are involved in a custody dispute or want to understand your child’s rights and role in the process, it is vital to seek experienced legal support.
For advice on child custody and family law in Vietnam, contact Family Lawyers Vietnam at letran@familylawyers.vn.
