How does the law regulate the rights and obligations to raise children after divorce?

05/08/2022 Posted by Stephen Le

Upon divorce, husband and wife shall reach an agreement on raising and supporting the child. If the parties fail to reach an agreement, they shall request the Court to resolve the matter.

Parents have the rights and obligations to look after, care for, raise and educate their minor children or adult children who are disabled, have lost their civil capacity to act, or have no working capacity, and have no property to support themselves regardless of whether the marriage exists or terminates.

The Court that awards custody to one parent to raise the children must take into account:

  • All aspects of the requirements of the children after divorce. The court shall award custody of the child to the parent who can ensure the best physical, educational and mental development conditions for the children. The Court must take into account the wishes, condition and ability of the parents to fulfill these obligations when deciding which parent to award custody;
  • If the child is a full 7 years or older, the Court must take into account the child’s wishes before deciding which parent to award custody. The child’s wishes must be one of the grounds for the Court’s decision. However, the wishes of the child shall not be the sole deciding factor in the Court’s award of custody;
  • A child under 3 years of age shall be directly raised by the mother, unless the mother cannot afford to directly look after, care for, raise and educate the child or otherwise agreed to by the parents in the best interests of the child.
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