Modifying the Child Custody In Vietnam

1. Can You Modify a Child Custody or Child Visitation Order?

In the divorce process, the Court will ask both parents about their agreement regarding the person who will care directly for the children. If they have the same opinion about child custody, the Court will issue the Decision based on their agreement. If they can not agree with each other, the Court carefully reviews the circumstances and determines who the main parent is. However, the other parent or other competent agency can change the rights for child custody at any time in the case:

a/ The parents agree on a change of the person directly raising a child in the interests of this child;

b/ The person directly raising the child no longer has sufficient conditions to look after, care for, raise, and educate the child directly.

In the interests of a child, the following persons, agencies, or organizations have the right to request a change of the person directly raising this child:

a/ The parent;

b/ Next of kin;

c/ The state management agency in charge of families;

d/ The state management agency in charge of children;

e/ The women's union.

In essence, child custody can be modified when the existing order no longer serves its purpose or cannot be adequately carried out by the parties involved. Courts are willing to consider modifications in certain circumstances. If there is a valid reason for a modification, the parent or the competent agency/person must file a petition and prepare all the necessary documents/proofs to submit to the Court. It is crucial to consult with an attorney or seek legal advice to ensure a smooth and proper process for modifying child custody.

2. The Process of Changing for Child Custody at the Court

Filing a Petition to modify custody is a legal process that requires careful consideration and adherence to specific steps.

Step 1: Assessing Changes

If the father and the mother totally agree about becoming the parent who takes care of their children directly, the process will be simple and easy.

However, if both of them do not have the same opinion, the process takes time and emotional stress. The first is to assess whether there have been any critical and continuous changes that could influence the kid's prosperity or the custodial parent's conditions. Examine any alterations in the child's health, income, or living conditions that could impact the child's best interests.

Step 2: Seeking Family Lawyer in Vietnam

It is essential to seek advice from a skilled custody-focused family law attorney. They can offer important direction on your privileges, evaluate the probability of progress, and assist you with understanding the legitimate lawful strategies engaged with documenting a movement to change care.

Step 3: Gather Documentation

Gather and organize all documentation/proofs that demonstrate the need for change. This could be records of missed visits, evidence of new circumstances, documentation of living conditions, changes in income, or any other evidence that supports changing the custody arrangement. Ensure that your evidence is concise and persuasive.

Step 4: File a Petition

If the father and the mother totally agree about changing the parent who takes care to their children directly, they both sign the Motion to change this parent.

If the Father/Mother disagrees, she/he files the Petition to modify the child custody. Make a written Petition explaining why you want to change the child custody and connect the supporting documentation to reinforce your case.

Step 5: Submit the Petition to the Court

The party must prepare the documents as follows:

1) The Petition must be filled out by the wife and husband or wife/husband; this form is according to the Law of Vietnam.

2) The Marriage Registration Certificate (certified copy);

3) The certified copy of passport or Identification;

4) The Certification of residence;

5) The Birth Registration Certificate (certified copy);

6) The Court's Decision.

Please note that the Vietnamese notary must translate and certify the foreign documents.

The Dossier can be submitted directly in person or by post to the Court.

Step 6: Paying the Court's fee

The Court will consider the Petition and related documents. If the Dossier meets all the conditions to accept jurisdiction, the Judge will issue a Notification requesting payment of the Court's advance. The parties must pay the Court's fee within seven days from the day the Notification is issued.

If other information or documents are needed, the parties must submit them to the Court for their study and consideration. If the parties cannot provide such documents and submit them late, the Court will refuse the Petition.

Step 7: Attending the Hearing

Both parties must attend the scheduled meeting mediation. During the hearing, present evidence, arguments, and any witnesses/proofs supporting your request to modify the custody arrangement. You should prepare to answer questions and respond to the other parent's arguments.

The judge will carefully consider all the presented evidence and decide based on the proofs and the parents' presentation. Remember, specific steps and requirements may vary depending on your jurisdiction. It is critical to talk with a lawyer who can direct you through the interaction and ensure that you follow the right systems to expand your possibilities of an effective movement to change care.

Step 8: Considerations for Court Decisions

The primary consideration for the Court is always the well-being of the child. Therefore, any decision regarding the child's welfare and growth must be in the child's best interests. The Court will not make decisions based on personal biases, preferences, stereotypes, or hidden agendas. Additionally, the Court will not enforce a decision that would harm or disadvantage one parent over the other.

3. The Role of Evidence and Proof

Gathering and organizing all pertinent documentation that substantiates your case is essential. This might encompass financial records, medical reports, school records, or any other applicable documents. Strong and persuasive evidence directly linked to the necessity for modifications can greatly bolster your stance and improve the chances of a positive result.

4. Conclusion

Modifying the parent who takes care of the children directly requires professional guidance. Consult reputable lawyers to protect your rights and achieve a fair resolution. Remember that legal matters are intricate and personalized advice is essential. If you are looking for reliable and experienced Lawyers for your Divorce, you can contact DB Legal.

DB Legal Lawyers is a leading law firm specializing in family law, Divorce, and child custody in Vietnam.

Our team of knowledgeable and experienced attorneys can help you quickly and peacefully resolve your divorce-related concerns. We can also offer you individualized, thorough legal counsel and assistance at every stage of the procedure.

DB Legal is dedicated to assisting you in getting the most out of Child Custody.

 

This information contained herein is of a general nature and is intended to provide updates on the Laws for information purposes only. DB Legal shall not be liable for any use or application of the information for any business purpose.

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