How to Prove You Are More Suitable for Child Custody in an International Divorce Case in Vietnam?

Are you going through an international divorce and worried about who will be granted custody of the child? Don’t worry — both Vietnamese and international laws prioritize the best interests of the child. This article shares practical steps and types of evidence that can increase your chances of being granted child custody in Vietnam.

1. Legal Grounds Under Vietnamese Law

The 2014 Law on Marriage and Family in Vietnam states that custody is generally awarded to the mother if the child is under 36 months of age, unless the mother is deemed unfit or both parents have reached a different agreement that better serves the child's interests.

In case of dispute, the court considers various factors such as the child’s age, the child’s wishes (if 7 years old or older), financial capability, living conditions, and the actual time spent caring for the child by each parent.

2. Collecting Evidence – Tangible Proof of Parenting Capability

Whether you are litigating in Vietnam or undergoing an international divorce, the following types of evidence are highly valuable:

• Financial income and economic stability: employment contracts, salary slips, proof of asset ownership (e.g., land use rights, bank statements), or official letters of employment to demonstrate your financial ability to raise the child.

• Living environment and physical conditions: photos/videos of your home, school report cards, health insurance, medical records, and proof of stable residency.

• Bonding time and actual caregiving: diaries, school certificates, hospital bills, photos, messages, or emails proving regular involvement in the child’s upbringing.

• Evidence against the other parent: proof of neglect, abuse, or unreasonable behavior in raising the child can serve as a strong counterpoint.

3. In International Divorce – How Can a Foreign Court Ruling Be Recognized in Vietnam?

In international divorce cases, especially when one parent lives abroad, it's important to know:

• Vietnam does not have bilateral agreements on divorce or child custody with many countries (e.g., UK, USA).

• Therefore, judgments from foreign courts must be recognized in Vietnam through a legal process called recognition and enforcement of foreign judgments (under Vietnamese civil procedure law).

• A written custody agreement between parents is crucial — it should clearly state the child’s primary place of residence, visitation schedule, and responsibilities regarding education and healthcare. Where possible, this agreement should be notarized or mutually recognized in both countries.

4. In Court: Emphasizing the “Best Interests of the Child” Standard

Vietnamese courts always prioritize the best interests of the child, in line with the United Nations Convention on the Rights of the Child.

Key factors considered include:

• The child's age (under 36 months — preference typically goes to the mother; from 7 years old — the child's wishes are taken into account).

• Quality of the living environment and caregiving ability.

• Reasonable desires expressed by the child (if they are of sufficient age and maturity).

• Emotional bond between the child and each parent.

You should prepare supporting documents such as medical records, academic records, recommendation letters from teachers or psychologists to demonstrate a healthy and supportive environment for the child.

5. How to Request a Custody Change After Divorce in Vietnam

If custody has already been decided but you believe it is no longer in the child’s best interest, you can:

• Submit a request for custody modification to the District People’s Court where the child resides.

• Provide proof that the current custodian is no longer suitable or that you are now in a better position to raise the child (financial stability, nurturing environment, active caregiving).

Required documents include: the custody modification request, existing divorce judgment, child’s birth certificate, and all supporting evidence as mentioned.

6. Practical Tips

• If the child is 7 years or older, seek their opinion (through psychological assessment or a written statement), as courts may give weight to this input.

• The more detailed your agreement, the better: include living arrangements, visitation schedules, and shared responsibilities. Notarize these documents if possible.

• Always have certified translations and notarized copies of foreign judgments ready in case recognition in Vietnam is needed.

Conclusion

Proving that you are more suitable to raise the child in an international divorce case in Vietnam requires thorough preparation — not just legally, but emotionally and practically. With clear evidence, well-drafted agreements, and arguments aligned with the best interests of the child, you stand a strong chance of being granted custody by a Vietnamese court.

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