Can Foreigners Obtain Child Custody in Vietnam?
Understanding the Legal Framework for Child Custody in Divorce with Foreign Elements
When one spouse is a foreigner but the divorce and custody dispute take place in Vietnam, Vietnamese law remains the primary basis for resolution. Specifically:
According to Clause 1, Article 127 of the 2014 Law on Marriage and Family, divorces between a Vietnamese and a foreigner residing in Vietnam are resolved by Vietnamese courts.
After divorce, child custody is determined based on the best interests of the child, regardless of the parents’ nationalities.
Children under 36 months of age are prioritized to be in the mother’s custody unless the mother is deemed unfit. For children 7 years and older, the court will consider the child’s wishes.
The non-custodial parent retains rights such as financial support, visitation, and participation in important decisions regarding the child.
Conditions for Foreigners to Obtain Custody in Vietnam
To win child custody after divorce in Vietnam, foreigners must meet certain conditions:
1. Parenting Capacity and Living Conditions
Have a stable income and demonstrate financial capability;
Provide a suitable living environment: housing, schooling, medical care...
2. Time and Bond with the Child
Demonstrate daily caregiving, communication, and education. The court will assess who is more closely bonded with the child.
3. Character, Legal Capacity, and Morality
No history of abuse, neglect, or coercion;
Fully capable of civil acts, in good health, and with good moral character.
4. Child’s Wishes (For Children Aged 7+)
The court will consider the actual wishes of the child as an important factor.
5. Special Case: Children Under 36 Months
Custody is generally awarded to the mother. However, if she is unfit, the father—including a foreigner—can still obtain custody.
Jurisdiction and Procedures for Custody Disputes in Vietnam
1. Jurisdiction
The provincial-level People’s Court where the petitioner resides or is domiciled has jurisdiction over custody disputes with foreign elements.
2. Required Documents
Petition for divorce and custody;
Divorce decree/certificate;
Personal documents (passport, ID, child’s birth certificate…);
Evidence of ability to raise the child (income, residence, school records, health insurance...);
Supporting evidence: photos or materials showing the other party is unfit to raise the child (abuse, neglect…).
3. Court Procedure
Submit documents to the provincial court;
The court will accept the case and organize mandatory mediation;
If no agreement is reached, the court will proceed to trial, considering:
Which parent has better conditions to raise the child;
Health, bonding time, and the child’s wishes (if 7 years or older);
The child’s overall best interests (financial support, education, health care).
The court may award custody to one parent or both (shared custody in exceptional cases where both are equally qualified).
Foreigners Adopting Children in Vietnam – A Separate Legal Mechanism
Foreigners residing in Vietnam may also adopt Vietnamese children—this is distinct from post-divorce custody:
According to the 2010 Law on Adoption, the following conditions must be met:
The adopter must be over 20 years old and fully capable of civil acts;
Possess legal documents permitting adoption in Vietnam;
Provide certification of mental health, physical health, income, and criminal background;
Must have resided/sponsored in Vietnam for at least one year;
Priority is given to cases such as stepparents, relatives (aunts, uncles), children with disabilities/HIV/other vulnerabilities.
Applications must be submitted to the Department of Adoption under the Ministry of Justice and follow strict procedures to protect children's rights.
Real-Life Scenarios
Case 1: A Foreigner Residing in Vietnam for Over a Year Seeks Custody
Example: John (American) lives in Hanoi with his Vietnamese wife and their 5-year-old child. After divorce, John wants custody because he owns a house, provides good care, and integrates well into the local community. His case would be favorably considered if he can prove a better living, educational, and caregiving environment than the mother.
Case 2: Vietnamese Mother Goes Abroad for Long-Term Work
If the mother moves to Australia for long-term employment and cannot care for the child, the foreign father (e.g., Marc from France) may file for custody transfer. Under Article 84 of the Marriage Law, the court will grant the request if clear evidence shows the father provides a better environment.
Tips for Foreigners Seeking Custody in Vietnam
Prepare complete documentation: financials, stable housing, caregiving schedule, child’s letter of wishes if applicable;
Gather tangible evidence: photos, videos, bills, official letters to prove primary caregiving and better conditions;
Actively participate in mediation: show goodwill and prioritize the child’s interests over personal rights;
Leverage family support: statements from relatives can strengthen your case;
Hire professional legal support: a lawyer specializing in international family law and custody cases in Vietnam will ensure your case is handled accurately and convincingly.
Conclusion
Obtaining custody during divorce and formal adoption are two separate legal mechanisms in Vietnam.
Foreigners can absolutely obtain child custody in Vietnam if they meet the requirements for income, caregiving ability, and suitable living conditions—and if the court determines that it serves the best interests of the child.
Children under 36 months are prioritized to the mother (if qualified), while the court considers the wishes of children aged 7 and above.
For adoption (not related to divorce), foreigners must submit complete legal documents and follow procedures under the Law on Adoption.
Contact DEDICA Law Firm for expert legal consultation!
📞 Hotline: (+84) 39 969 0012 (Available on WhatsApp, WeChat, and Zalo)
🏢 Head Office: 144 Vo Van Tan Street, Xuan Hoa Ward, Ho Chi Minh City (144 Vo Van Tan Street, Vo Thi Sau Ward, District 3, Ho Chi Minh City)
🕒 Business Hours: Monday – Friday (8:30 AM – 6:00 PM)
Reach out today for a free initial consultation with our team of professional lawyers!
