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How is Legal Child Custody Determined?
Why gaining legal child custody is always an issue for most foreigners? Simply because it combines a set of diversified reasons affecting different effects for legal child custody.
Let’s look at the considerations for legal child custody.
There are numerous considerations in which a spouse can legally make an attempt to obtain legal child custody, including and without limitations to:
The parent seeking custody must be mature and educated. No judge would knowingly or reasonably award child custody to a parent that lacks maturity and a significant education in order to ensure that the child is raised to exhibit good character and common knowledge for appropriate societal living.
Emotional and moral support from immediate family members and relatives. This is an important factor in considering the best of conditions in which to raise a child, here, in Vietnam.
Vietnamese culture focuses on the availability of a parent having available assistance from immediate family members and/or relatives where time, experience, family environment & lifestyle, etc., will play an important role in shaping the child’s character and overall development.
Parents awarded the child custody right must prove that s/he has sufficient quality time for which to care for their child, through play, emotional attachment (bonding), daily care and nurturing, and education.
Although not a physical factor but a factor that the court will likely examine and consider. The court will know, through mediation, who IS the most suitable parent to raise the child, absent closemindedness, selfishness and/or other negative attitude, behavior, and/or characteristics.
There is a principle rule that the younger in age that the child is, the likelihood it is that the mother will secure legal child custody.
Although a parent claiming legal child custody suggests that s/he will make every attempt, by their love to raise the child in the most comfortable of conditions, but s/he is economically disadvantaged, earning sufficient income is likely a factor for rejecting her/his petition for legal child custody.
Suitable, safe, secure, and stable living accommodation will definitely be considered a positive consideration for granting legal child custody. Nevertheless, this only pertains to suitable living space and not necessarily ownership of said dwelling.
Any parent seeking legal child custody of multiple children presents certain challenges to consider – household and financial dynamics – that must be considered.
Verbal and written language between the parent and the child must be affectionate, appropriate, encouraging, and nurturing and absent of any moral turpitude against the non-custodial parent.
The amount of financial support afforded to the custodial parent to care for children and or the parent themselves.
Physical affection between parent and child – hugging, embracing, holding, cradling, holding hands, etc.
In reality, it depends on each situation. The above-mentioned consideration will have different or varying effects on the other, and vice versa.
For example, if a child less than 36-months old, there is the possibility that court grant legal child custody to the mother. However, under certain circumstances, the possibility of one parent raising the child in physically unsuitable conditions without asking for child support, may warrant the court to order legal child custody to the other parent.
There are absolutely no certain outcomes resulting from any legal child custody claim by any one parent. This explains why legal child custody is always a challenging issue for most foreigners.
Therefore, only by experience through varying situations and circumstances can a lawyer really effectively represent the client parent in court, detail each consideration, analyze causes and effects, and set a strategic approach to ensure a positive outcome.
Discover the factors that contribute to a peaceful divorce here.
Ethnic Groups and Minorities in Vietnam
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