1. In what cases do you need to change the person directly raising the child in Nha Trang?

According to regulations, husband and wife have the right to agree on who will directly raise the child, the obligations and rights of each party after divorce regarding the child; In case no agreement can be reached, the Court will decide to hand over the child to one party to directly raise based on the child's interests in all aspects; If the child is 7 years old or older, the child's wishes must be considered. As for the person who does not directly raise the child, according to regulations, they must respect the child's right to live with the person who directly raises and has child support obligation. In case the person directly raising the child and the person not directly raising the child have an agreement on changing the person directly raising the child, they will discuss in a document and request the Court to approve that agreement.

In cases where the father or mother does not directly raise the child or relatives, agencies or organizations with the right to protect children have grounds that the person directly raising the child does not ensure the rights and obligations of the child, they have the right to Request to change the person directly caring for you. Thus, the law stipulates that changing the person directly raising the child is allowed, but when there is one of the grounds such as the parents agreeing to change the person directly raising the child in accordance with the child's interests; The person directly raising the child is no longer qualified to directly look after, care for, raise, and educate the child.

In the case of changing the person raising the child without reaching an agreement between the parties, if the other party continues to want to change, then we understand that this is a case of regaining custody of the child. In case you want to regain custody of the child or want to change the person directly raising the child, the party in need will initiate a lawsuit. So, what are the procedures and documents to sue to change the person directly raising the child?

Truong Quyen Law Office - Davilaw Branch is implementing the service of changing the person directly raising children. If customers have a need, please refer to the sections below, we will clarify the above issue.

2. Professional and reliable service of changing child custodians after divorce in Nha Trang from Truong Quyen Law Office - Davilaw Branch

Before proceeding with the client to regain custody of the children, we want to know the client's wishes as well as discuss specifically about the child custody situation as well as let the lawyer know that the client has What kind of evidence can the Lawyer evaluate, review and supplement?

- First of all, customers need to provide the following documents and records:

+ Petition to change child custody rights or petition to change child custody rights.

+ The Court's decision and judgment of divorce have taken legal effect.

- Identity card/Citizen identification card/Valid passport, household registration book.

+ Child's birth certificate.

+ Evidence to support a lawsuit to change direct child custody rights. Evidence will apply in cases where the two parties cannot reach an agreement or sue to change child custody rights when the person directly raising the child is no longer qualified to raise the child. Regarding material conditions such as: Food, accommodation, living conditions, learning conditions, entertainment... The parties can present salary slips, documents proving their income, other financial sources and How to take care of children after divorce...

In addition to material things, the child's mental factor is also one of the important issues. Accordingly, the person who wants to change has time to care for and educate them; Educate your child, the love you have had for him/her up to now; Conditions for children to play and entertain, moral character, educational level... of parents.

- Then the lawyer will advise on the child's age when proceeding to gain custody of the child:

+ In case the child is under 36 months old, the mother will be given the right to directly raise the child (clause 3, article 81 of the Law on Marriage and Family 2014). This means that if a couple divorces when they have 2 children under 3 years old, the mother will gain custody of the children. Except in cases where the mother is not qualified to directly look after, care for, raise, and educate the child or the parents have other agreements consistent with the child's interests.

+ In case the child is from 3 years old or older to 7 years old, when divorcing, the husband and wife must agree with each other on who will directly raise the child as well as the rights and obligations of each party to the child after the divorce. If an agreement has been made but there is still no consensus between the two parties, the Court will decide on child custody for the person who is qualified and still ensures the best rights and benefits in all aspects for the child.

+ In case the child is 7 years old or older, depending on the child's awareness and thinking, the court must consider the child's wishes when making a decision. In addition to considering the child's interests in all aspects, the Court is obliged to ask the child's wishes and whether the child wishes to live with his or her father or mother after they divorce. The child's wishes and aspirations are an extremely important factor.

- Determining the court with jurisdiction: The lawyer determines the court with jurisdiction to resolve and hear the case.

- Collect evidence and related documents: Lawyers collect evidence and related documents to support the lawsuit process. Lawyers will help clients collect additional evidence to supplement the issue. File a lawsuit as convincingly and rigorously as possible

- Submitting a lawsuit The lawyer submits the lawsuit to the court and carries out the necessary procedures in this process.

- Carry out procedures when the court issues a notice to accept the case: Lawyers carry out the necessary procedures when the court issues a notice to accept the case, including participating in the mediation process and attending the trial when there is a decision. intend to bring the case to trial.

- Participate in the first instance trial: Lawyers participate in the first instance trial to protect the client's rights and make appropriate arguments.

- Appeal and participate in the appeal hearing: If there are grounds for appeal, the lawyer will advise the client to prepare and participate in the appeal hearing.

- The lawyer will work with the client to look for evidence to prove that the person directly raising the child is not capable of continuing to raise the child such as adultery, domestic violence... Thereby, confirming that the other party is a The example is not good for your child. If you let your child live with your partner, it will affect the formation of your child's personality...

- The lawyer will also help the client make a complete and convincing argument for the Court to consider and decide on the person directly raising the child.

- Lawyers advise and present legal risks that may arise and disadvantages when spouses request the Court to resolve child custody disputes;

Thus, hiring a lawyer service to participate in a lawsuit to change the person directly raising the child is very beneficial for the client, helping the client calm their mind, advising the client on risks as well as the strengths so that the client can The customer regained custody of the child in the fastest and most convincing way.