I and my wife are carrying out the procedures of divorce under the provisions of law and we have agreed on the matters related to the property. We have a 23-month-old daughter who is living with my wife. I am the main labor in my family and my parents living in Sai Gon reach the entering age. So, it will be convenient for me to take care of my daughter. As far as I know, after divorce, my wife will rent a house to live with her younger sister. My wife does not have any stable job and she is economically difficult in her life. Thus, my expectation is that I can raise my daughter to take care of her well. I would like to know if I can directly raise my child in this case.
FDVN’s opinions:
Thank you for concerning and trusting in FDVN’s legal services. We have studied the law provisions to provide you with our advice. Please kindly see the answer below:
Custody of children is one of the matters which is concerned most when divorce. Depending on the economic condition, caring ability and the agreement between the parties, the Court decides on the custody of children for the most beneficial to the child. It is stipulated in the to Clause 3, Article 81 of the Law on Marriage and Family 2014 that “A child under 36 months of age shall be directly raised by the mother, unless the mother cannot afford to directly look after, care for, raise and educate the child or otherwise agreed by the parents in the interests of the child.”
According to the law provisions, the child under 36 months old shall be directly raised by his/her mother after their parents’ divorce. However, this is not applied to all the cases. If the husband can prove his ability to ensure better physical and mental conditions for the child, he can directly raise the child after divorce. In your case, to have the right to raise your daughter, you should apply the following options:
- Solution 1: Negotiate
Negotiation is considered an optimal method, avoiding conflicts while ensuring better conditions for the children and making the divorce procedure simple and fast.
- Solution 2: Prove the husband’s ability to raise the child and prove that the mother does not meet the conditions for ensuring a better life for the child.
If you fail in applying the Solution 1 but you insist on raising your daughter to bring the best material and spiritual conditions for her, you should:
- Prove that you have more advantages of material and spiritual conditions than your wife:
+ Having a stable job and a good salary to ensure the good conditions for daughter;
+ Having stable and legal accommodation;
+ Being able to spend your time with your daughter and make her live in a good living environment in terms of education and entertainment;
+ Proving that her grandparents can look after her carefully.
+ Proving that you have good ethics, a healthy lifestyle to ensure a good education for your daughter.
Thus, you must obtain a labor contract, a certificate of land use rights, ownership of houses and other assets...
- Proving that your wife can not afford to ensure a good life for your daughter.
That is the advice of FDVN to your request, based on the study of legal regulations. Hopefully FDVN's advice will be useful to you.
Legal expert: Ngo Thi My Tram
FDVN Law Firm
CONTACT US
Lawyers in Da Nang:
99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city
Lawyers in Hue:
336 Phan Chu Trinh, Hue City, Thua Thien Hue
Lawyers in Phu Quoc:
65 Hung Vuong, Duong Dong town, Phu Quoc island district
Lawyers in Quang Ngai:
359 Nguyen Du, Quang Ngai City, Quang Ngai Province.
Website: www.fdvn.vn www.tuvanphapluatdanang.com
Email: fdvnlawfirm@gmail.com luatsulecao@gmail.com
Phone: 0935 643 666 - 0906 499 446
Fanpage: https://www.facebook.com/fdvnlawfirm/
Other Articles
- THE LAW OF INTERNATIONAL LAWYERS BY WOUTER WERNER, MARIEKE DE HOON AND ALEXIS GALÁN
- ABSOLUTE LEGAL ENGLISH BY HELEN CALLANAN AND LYNDA EDWARDS
- THE OXFORD HANDBOOK OF LEGAL STUDIES EDITED BY PETER CANE AND MARK TUSHNET
- DUE DILIGENCE IN THE INTERNATIONAL LEGAL ORDER EDITED BY HEIKE KRIEGER, ANNE PETERS AND LEONHARD KREUZER
- TỔNG HỢP ĐỀ THI IELTS WRITING 2026
- TỔNG HỢP 10 BẢN ÁN CỦA TOÀ ÁN VƯƠNG QUỐC ANH GIẢI QUYẾT TRANH CHẤP SA THẢI NGƯỜI LAO ĐỘNG / COLLECTION OF 10 JUDGMENTS OF THE UNITED KINGDOM COURTS ON EMPLOYMENT DISMISSAL DISPUTES
- CHA, MẸ LÀ NGƯỜI NƯỚC NGOÀI ĐĂNG KÝ KHAI SINH CHO CON TẠI VIỆT NAM NHƯ THẾ NÀO? / HOW CAN FOREIGN PARENTS REGISTER THE BIRTH OF THEIR CHILD IN VIETNAM?
- QUY ĐỊNH VỀ CHUYỂN NHƯỢNG DỰ ÁN ĐẦU TƯ THEO LUẬT ĐẦU TƯ 2025 / REGULATIONS ON THE TRANSFER OF INVESTMENT PROJECTS UNDER THE 2025 LAW ON INVESTMENT
- TỔNG HỢP 08 MẪU HỢP ĐỒNG GIA CÔNG CÔNG NGHIỆP VÀ DỊCH VỤ QUỐC TẾ / COLLECTION OF 08 TEMPLATES INTERNATIONAL PROCESSING AND OUTSOURCING AGREEMENT
- TỔNG HỢP 10 BẢN ÁN CỦA TOÀ ÁN SINGAPORE VỀ TRANH CHẤP HỢP ĐỒNG KINH DOANH - THƯƠNG MẠI CÓ ĐƯƠNG SỰ LÀ DOANH NGHIỆP VIỆT NAM / COLLECTION OF 10 SINGAPORE COURT JUDGMENTS ON BUSINESS & COMMERCIAL CONTRACT DISPUTES INVOLVING VIETNAMESE ENTERPRISES AS LITIGAN
- HƯỚNG DẪN CÁCH TÍNH THUẾ TIÊU THỤ ĐẶC BIỆT ĐỐI VỚI MẶT HÀNG THUỐC LÁ / GUIDANCE ON EXCISE TAX CALCULATION FOR TOBACCO
- THÔNG TƯ 121/2026/TT-BTC SỬA ĐỔI, BỔ SUNG MỘT SỐ ĐIỀU CỦA THÔNG TƯ 68/2025/TT-BTC NGÀY 01 THÁNG 07 NĂM 2025 CỦA BỘ TÀI CHÍNH BAN HÀNH BIỂU MẪU SỬ DỤNG TRONG ĐĂNG KÝ DOANH NGHIỆP, HỘ KINH DOANH
- BÀI HỌC TIẾNG ANH PHÁP LÝ: TỔNG HỢP ĐỀ THI IELTS READING 2026
- THE ESSENTIAL ELEMENTS OF CORPORATE LAW: WHAT IS CORPORATE LAW BY JOHN ARMOUR, HENRY HANSMANN, REINIER KRAAKMAN
- THE PATHOLOGICAL POLITICS OF CRIMINAL LAW BY WILLIAM J. STUNTZ
- THỦ TỤC ĐỔI BẰNG LÁI XE NƯỚC NGOÀI SANG VIỆT NAM CHO NGƯỜI NƯỚC NGOÀI 2026 / PROCEDURE FOR CONVERTING A FOREIGN DRIVING LICENSE INTO A VIETNAMESE DRIVING LICENSE FOR FOREIGNERS IN 2026



