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CUSTODY WHEN DIVORCE

Divorce is the downside of marriage but are indispensable face when the marriage has really broken, it brings certain consequences related not only to spouses, but also the third person - child females. Parenting problems when divorce is a consequence so.

In principle, the parties may freely agree in custody and is recognized in the court judgment or decision. Where no agreement is reached, the Court will decide to assign one party raised directly based on all aspects of human rights if they are aged 07 years or older, enough to consider the wishes of the child; children under 36 months of age in principle be allocated to the adoptive mother (unless otherwise ineligible parent or foster parents agree otherwise).

The parties still have the right and obligation to look after and care, nurturing and education for their minor children, adult children, but lost the capacity for civil acts or labor inability and no property to support themselves (Article 81 Law on Marriage and Family in 2014). However, according to the Lawyers Law Ha Do such rules albeit a civilized but reality sometimes does not happen like that. Because, when the marriage could not last, and the purpose of marriage could not lead to the divorce meant that feelings are no longer husband and wife. Then the regular crossing childcare inevitably encounter opposition from people certain parenting.

French law stipulates that persons not directly raising children with child support obligations, irrespective of the person directly raising children capable of economic or not. In fact resolve the incident, Ha Do Attorneys noticed this problem is complicated in case "people have no obligation to support and fully comply with pension obligations." Or court rulings have obliged to support people to make monthly support while people have the right to request child support once implemented. Both issues are needed specifying more clearly and in practical work.

A further side of the issue is: but gained custody of the children, but in the process of nurturing, child care, if the child is not completing their responsibilities, then the other person has the right to apply for a change of parenting and the changes will also have to consider their aspirations for full 07 years of age (Article 84 LMF 2014).

Situation resolved custody issues upon divorce has disputed cases very drastic, significant impact on child psychologist. Although the laws are aimed at protecting the rights and best interests of children and women, but taken together the most disadvantaged who are still children.

To get accurate advice and timely, you can contact directly with Ha Do Lawyers Law under 24/7 call center consulting: 1900 62 80

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author

About Me: Lê Minh Tuấn

Luật sư, Giám đốc / Lawyer, Director

Tư vấn thương mại quốc tế / International Trade Consultant

Điện thoại: (024) 730 86 999 / Mobi: 090 45 45 299

Email: infor@hado-law.com / Email: infor.ssv@gmail.com