The marriage between Ms. T and Mr. S once seemed destined to last forever, built on mutual consent and love. However, after more than seven years of living together, irreconcilable differences led them to face the court—seeking to end their relationship and determine the future of their only son.

When Marriage Falls Apart and Custody Is Disputed

Divorce Through the Lens of a Real Court Case

Ms. T and Mr. S got married in 2017 and had a son in the same year. After the initial phase of married life, conflicts started to arise due to differences in opinion, lifestyle, and family pressure. Ms. T admitted to having an extramarital affair, and the couple had been living separately since the end of 2021. By 2024, Ms. T officially filed for divorce.

In the first-instance court, Ms. T requested a divorce and custody of the child without asking Mr. S for child support. On the other hand, Mr. S believed the marriage could still be salvaged and asked the court for a one-year delay in the divorce proceedings, hoping to provide emotional stability for their young son. He also wished to be the one to raise the child.

After consideration, the court granted the divorce and gave custody to Ms. T. Dissatisfied with the decision, Mr. S filed an appeal, requesting custody and that Ms. T be ordered to pay VND 2,000,000 per month in child support.

What Did the Appellate Court Decide?

During the appellate hearing, several new facts were presented:

The child was currently living with Mr. S and expressed a desire to continue staying with his father.
Mr. S had stable employment and sufficient income to raise the child, which he proved with documentation.
Ms. T agreed to let Mr. S continue raising the child and consented to the proposed child support amount.

Based on these factors, the appellate court ruled as follows:

The divorce was upheld.
The original custody decision was amended: custody was granted to Mr. S.
Ms. T was ordered to pay VND 2,000,000 per month in child support until the child turns 18.
If Ms. T fails to make timely payments, she must pay interest according to the Civil Code.
Ms. T retained her right to visit, care for, and support the child without obstruction.

DEDICA Shares Practical Experience: How to Handle Custody Disputes Effectively After Divorce

From this real-life case, DEDICA draws several important lessons for couples undergoing divorce proceedings with children involved:

1. Listen to and Respect the Child’s Best Interests

Many parents treat custody disputes as a “win-lose” battle. However, courts prioritize the child’s best interests. In this case, the child’s wish to live with his father significantly influenced the court’s decision to amend the original ruling.

DEDICA's advice: Always listen to and respect your child’s emotional and psychological needs. If co-parenting is no longer an option, do your best to create a stable and nurturing environment.

2. Prepare Strong Documentation to Prove Custodial Capability

Custody decisions are not based solely on emotions. Courts also consider financial capacity, available time for care, living conditions, and overall stability. Mr. S successfully presented all necessary evidence proving his ability to raise the child.

DEDICA's advice: If you’re aiming for custody, prepare clear and convincing documents—covering residence, employment, income, and proof of bonding with the child.

3. Don’t Hesitate to Request Child Support – It’s the Child’s Right

Initially, Ms. T did not ask Mr. S for child support—possibly to avoid future entanglements. However, once custody was granted to Mr. S, her financial responsibility became both legal and necessary for the child’s well-being.

DEDICA's advice: Child support is not a punishment; it's a legal duty of the non-custodial parent. It ensures the child’s full development and access to necessary resources.

4. Custody Arrangements Can Be Modified

The Law on Marriage and Family allows either parent to request changes to custody or support arrangements if living conditions or the child's needs change.

DEDICA's advice: If new, legitimate circumstances arise, you can file a petition to modify custody or adjust the support amount accordingly.

At DEDICA, we understand that divorce is not just the end of a relationship—it’s also the beginning of a new chapter, especially for children. That’s why our team of dedicated and experienced lawyers is always ready to assist you—from preparing documents and representing you in court to enforcing judgments and making post-verdict adjustments if needed.