Pursuant to Clause 3, Article 84 Law on Marriage and Family stipulated as follows:

Changing the person directly raising children after divorce

1. In case of request from the father, mother or individual or organization specified in Clause 5 of this Article, the Court may decide to change the person directly raising the child.

2. Changing the person directly raising the child will be resolved when there is one of the following grounds:

a) Parents have an agreement on changing the person directly raising the child in accordance with the child's interests;

b) The person directly raising the child is no longer qualified to directly look after, care for, raise, and educate the child.

3. Changing the person directly raising a child must consider the wishes of the child aged 7 years or older.

Accordingly, changing the person directly raising the child is resolved when there is one of the grounds such as the person directly raising the child is no longer qualified to directly look after, care for, raise and educate the child.

In addition, changing the person directly raising a child must consider the wishes of the child from 7 years of age or older.

That is, here the Court will consider the child's wishes as a factor and not automatically assume that the father is not qualified to raise the child but the child still wants to live with the father, so they cannot change the person directly raising the child.

Thus, in case the father is not qualified to raise the child, he may have to replace the person directly raising the child even though the child still wants to live with the father.