Dragon Law Firm provides advice and answers to specific questions from our customers about the unilateral divorce in accordance with the current law such as: Child custody after divorce, instructions for preparing a divorce application ... and other related legal issues.

Question:

My name is Pham Thi Linh, I have a question looking for advice and assistance from a lawyer. I got married in early 2015 and had a 20-month-old granddaughter and now I'm pregnant with my second nephew at 34 weeks gestation. We decided to divorce because of an unhappy marriage. If I get a divorce now, will I be able to raise my daughter and the soon to be born child? Thank you sincerely!

Answer: 

 According to Article 81, Law on Marriage & Family 2014

Article 81. Looking after, care for, raising and education of children after divorce

1. After a divorce, parents still have rights and obligations to look after, care for, raise and educate minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves in accordance with this Law, the Civil Code and other relevant laws.

For more detail, kindly contact to Dragon Law at:

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(Priority send via message. We will respond as soon as possible)2. Husband and wife shall reach agreement on the person who directly raises their children and on his and her obligations and rights toward their children after divorce. If they fail to reach agreement, the court shall appoint either of them to directly raise the children, taking into account the children’s benefits in all aspects. If a child is full 7 years or older, his/ her desire shall be considered.

3. A child under 36 months 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 by the parents in the interests of the child.

According to the above provision, in principle, a child under 36 months of age will be assigned to the direct parent, so in your case, your child will be less than 36 months of age, after the divorce, you will gain the direct right. raising children.