Child Custody and Support on Divorce in Vietnam

When parents divorce in Vietnam, the arrangements for their children are decided under the Law on Marriage and Family 2014, guided by the best interests of the child. Parents may agree on custody and support, and the court will recognise a reasonable agreement; where they cannot agree, the court decides.

How custody is decided

The court considers which parent can better provide for the child's overall development, taking into account the child's living conditions, care and education. Where a child is seven years of age or older, the court considers the child's own wishes about which parent they will live with. For very young children, the law gives particular weight to the mother's care unless circumstances indicate otherwise.

Child support

• The parent who does not directly raise the child normally contributes to the child's maintenance.
• Parents may agree the level and method of support, subject to the court's review.
• Support arrangements can be reviewed if circumstances change significantly.

Contact and shared responsibility

The parent who does not have day-to-day custody retains the right and duty to visit and care for the child, and this right should not be obstructed. Both parents continue to share responsibility for their child even after the marriage ends.

Frequently asked questions

Does the child choose which parent to live with?

A child aged seven or older has their wishes considered, but the court makes the final decision based on the child's best interests.

Can custody be changed later?

Yes. Custody can be reviewed where there is good reason and it serves the child's interests.

What if a parent stops paying support?

Support obligations are enforceable, and the receiving parent can seek the court's assistance where payments are not made.

How LTV Law helps

LTV Law helps parents reach workable arrangements or presents their case on custody and support with the child's interests at the centre; to discuss your family's situation, contact our team.

This article is for general information only and does not constitute legal advice.