Can a Vietnamese Wife Obtain Child Custody When Divorcing a Foreign Husband?
1. Legal Basis in Vietnam for Divorces Involving Foreign Elements
According to Article 127 of the 2014 Law on Marriage and Family and the 2015 Civil Procedure Code, Vietnam has jurisdiction over divorce cases between a Vietnamese citizen and a foreigner if:
One party is a Vietnamese citizen, or both are foreigners residing in Vietnam.
The case is handled by the provincial-level court.
Additionally, under Article 81, if there is no agreement after the divorce, the court will determine which parent will have custody based on the best interests of the child. If the child is 7 years or older, their wishes will also be considered.
For children under 36 months of age, custody is automatically granted to the mother, unless she is deemed unfit or an alternative agreement is in the child’s best interest.
2. Real Case Scenario in Vietnam
Case of Ms. Lan and Mr. Mark (U.S. citizen)
Ms. Lan, a Vietnamese citizen, married Mr. Mark in Vietnam, and they have a 5-year-old son. The marriage broke down irreparably. Although Mr. Mark filed for divorce, since their child is under 7, the court prioritized custody to Ms. Lan. Mr. Mark, despite being a foreigner, retained visitation and child support rights under Article 82.
The court considered factors such as financial conditions, caregiving capacity, emotional stability, living environment, and the child’s wishes (if applicable). Ultimately, custody was granted to Ms. Lan, with Mr. Mark maintaining visitation and support responsibilities.
3. Rights and Responsibilities of Parents After Divorce
Non-custodial parents have the right to visit the child, must pay child support, and must respect the custodial parent’s authority.
Custodial parents may request enforcement of child support and protection from interference by the non-custodial parent.
4. Advice & Recommendations from Dedica
Thoroughly Prepare Documentation and Evidence
Marriage certificate, child’s birth certificate, ID/passport of both parents.
Proof of parenting capability: housing, income, caregiving, educational environment.
Employment information and contracts of the husband, especially if he resides abroad.
Make Agreements Early
Agreeing on custody and child support with a foreign spouse helps reduce legal conflicts, save time, and protect emotional well-being.
Choose the Right Time and Venue to File
If the husband is living abroad, the wife can file the divorce at the provincial court where she resides in Vietnam.
Engage an International Law Expert
Dedica recommends hiring a lawyer to:
Draft valid cross-border documents, including translations and notarization.
Represent you in mediation and litigation.
Protect custody, visitation, and support rights post-divorce.
Assist with international legal processes if the child holds or is applying for the father’s nationality.
Monitor and Safeguard Long-term Rights
If circumstances change (e.g., unemployment, relocation), either parent can request the court to adjust custody or child support arrangements.
5. Summary & Recommended Actions
Custody: Under 36 months: mother; 7+ years: child’s opinion considered; No agreement: court decides based on child’s best interest
Jurisdiction: Divorce with foreign elements: file at the provincial court where wife or husband resides
Support & Visitation: Non-custodial parent must pay support and has visitation rights
Are you a Vietnamese wife concerned about your foreign husband’s promises to support the child? You can fully obtain custody if you can demonstrate better caregiving conditions, especially if the child is under 36 months.
Prioritize mutual agreement where possible to ensure a quicker and less stressful process.
Dedica Law Firm is ready to assist you with:
Gathering evidence and notarizing international documents.
Representing you in court to protect custody, support, and visitation rights.
Offering international legal guidance when needed.
Contact Dedica Law Firm today for:
Free consultation: Custody rights in divorces with foreign spouses
Procedure support: Asset division, child support, visitation
Comprehensive representation in Vietnam and internationally
Contact DEDICA Law Firm for expert legal consultation!
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