Children’s opinion is not completely decisive

Regarding the principle of dividing child custody rights after divorce, Clause 2, Article 81 of Law on Marriage and Family 2014 regulations, husband and wife have the right to agree on who will directly raise the child, and the obligations and rights of each party after divorce regarding the child.

If no agreement can be reached, the Court decides to give the child to the husband or wife to raise, based on all aspects of the child's interests. In particular, in cases where the child is 7 years old or older, the child's wishes must be considered.

Accordingly, the Law only stipulates: considering the child's wishes from the age of 7, meaning that in the process of deciding who will raise the child after divorce, the Judge will ask for the child's opinion. In fact, their opinion is usually only for guidance and reference, a part of the Court's consideration in reaching a decision, and does not have a completely decisive meaning..

Deciding who has custody of children during a divorce also depends on many other factors, such as accommodation, income, time to care for the child... of each party, to ensure the child's rights in all aspects.

Note, also according to the Law on Marriage and Family 2014, in the case of a child under 3 years old, by default the right to raise the child belongs to the mother, unless the mother is not qualified to directly look after, care for, and nurture the child. , educate the child or the parents have otherwise agreed.