{"id":7401,"date":"2022-12-13T13:21:28","date_gmt":"2022-12-13T06:21:28","guid":{"rendered":"https:\/\/pl-partners.vn\/?p=7401"},"modified":"2023-11-08T13:57:30","modified_gmt":"2023-11-08T06:57:30","slug":"can-fathers-raise-children-under-36-months-old-upon-divorce-2","status":"publish","type":"post","link":"https:\/\/pl-partners.vn\/en\/can-fathers-raise-children-under-36-months-old-upon-divorce-2\/","title":{"rendered":"Can fathers raise children under 36 months old upon divorce?"},"content":{"rendered":"

When divorced, the custody right of children after divorce is one of the top concerns of couples, especially for children under 36 months old. Pursuant to regulations, the mother will be given priority for the custody of under-36-month-old children. However, in some cases, the father still has custody of children under 36 months of age. So what are those cases? Let’s find out right here with PL & Partners Law Firm.<\/span><\/p>\n

Article 81.2 and 81.3 of the Law on Marriage and Family 2014<\/span> stipulates:<\/span><\/p>\n\n\n\n
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“2. Husband and wife agree on <\/strong><\/em>custody<\/em><\/strong>, <\/em>the <\/em>obligations and rights of each party after the divorce towards the child<\/em>ren<\/em>; in case no agreement can be reached, the Court shall decide to <\/em>grant custody of<\/em> the child<\/em>ren<\/em> to one party based on the child<\/em>ren<\/em>‘s interests in all aspects; if the child<\/em>ren are<\/em> from <\/em>07 years <\/em>of age<\/em> or older, the child<\/em>ren<\/em>‘s wishes must be considered.<\/em><\/span><\/p>\n

3. The mother shall be awarded custody of c<\/em>hildren under 36 months of age unless the mother <\/strong><\/em>is<\/em><\/strong> in<\/em><\/strong>eligible to directly look after, care for, nurture<\/em><\/strong>,<\/em><\/strong> and educate the children or the parents have other agreements in accordance with their<\/em><\/strong> children\u2019s<\/em><\/strong> interests.”<\/em><\/strong><\/span><\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Accordingly, it can be seen that for children under 36 months of age, the mother will be given priority over the father in child custody right, because this is the period when the children desperately need the mother’s caring hand. However, to ensure all aspects of the children’s interests, the law still considers granting custody of children under 36 months of age to the father in the following cases:<\/span><\/p>\n

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