Best Child Custody in Vietnam: 5 Factors That Determine the Decision

What Must You Do Now to Avoid Losing Custody by Statute?
When parents separate or divorce, one of the most difficult and emotional decisions concerns child custody. Naturally, every parent desires what is best for their child, but how is “the best” legally defined under Vietnamese law?
The Court aims to balance the protection of the child with ensuring both parents fulfill their responsibilities. Particularly in complex disputes involving statutory age limits, foreign elements, or financial stability, understanding the Court’s decisive criteria is your sole strategy for protecting your rights.
This article explores the core principle of “The Best Interests of the Child,” the 5 factors determining the Court’s ruling, and the legal strategies for navigating complex custody disputes in Vietnam.

Contents

Quick Answers & The Principle of “The Best Interests of the Child”

Child custody in Vietnam is governed by the Law on Marriage and Family 2014. Following divorce, parents are encouraged to reach a mutual agreement. If an agreement cannot be reached, the competent People’s Court will intervene.
Below are direct answers to the most common legal questions in custody disputes:

Issue	Direct Answer
What is the concept of “The Best Interests of the Child”?	It is the principle that prioritizes the child’s long-term physical, mental, and psychological welfare, including stability in the living environment, education, and emotional needs.
Which parent is prioritized for a child under 36 months (3 years)?	Custody is prioritized for the mother (Article 81, Law on M&F 2014), unless the mother is unfit to raise the child or the parents agree otherwise.
At what age can a child choose a parent?	A child aged 7 or older will have their wishes considered by the Court, but this opinion is not the absolute deciding factor.
Is “Joint Custody” officially recognized?	NO in the Western sense. The Court only recognizes Sole Custody but encourages parents to mutually agree on an Informal Co-Parenting model.

5 Factors Determining the Court’s Verdict

When determining the most appropriate custody arrangement, the Vietnamese Court comprehensively assesses a range of criteria, based on the fundamental principle of “The Best Interests of the Child”:

Relationship with Each Parent: The Court examines the stability, consistency, and actual history of care the child shares with each parent prior to the divorce.
Material and Financial Capacity: This includes the financial situation, stable income, ability to cover the costs of food, housing, education, and the capacity to provide a safe, healthy, and nurturing environment.
Emotional Condition and Availability for Care: The availability of time for caregiving, educational capabilities, and the degree of involvement in the child’s extracurricular and academic activities.
Living Environment and Stability: The safety, cleanliness, proximity to the child’s school and community. The Court prioritizes stability and continuity in the child’s daily life and schooling.
The Child’s Wishes (if aged 7 or older): The child’s opinion is considered an important basis, but the Court assesses whether this wish is expressed voluntarily and aligns with the practical conditions of the parent chosen.

Note: Any history of domestic violence, abuse, or neglect will be a factor arguing against granting custody.

Custody by Age: Strategy for Gaining Custody of Children Under 3

The Court’s decision is heavily influenced by the child’s age, particularly the principle prioritizing the mother for children under 36 months old.
3.1. Children Under 36 Months (Custody Strategy)

Statutory Principle: Children under 36 months old are prioritized to be directly raised by the mother, unless the mother is unfit due to health, mental condition, or if there is a contrary agreement.
Strategy for the Father: To gain custody of a child under 3, the father must prove that the mother is unfit (e.g., suffering from a serious illness, lacking stable income/housing, or evidence of abuse/neglect) OR prove that the father’s custody would bring a clear and demonstrable better interest (e.g., mother’s prolonged absence, father providing a significantly superior care environment).

3.2. Children from 36 Months to Under 7 Years
In this age group, the Court focuses on material and emotional conditions, stable residence, and previous care history to ensure the child’s best interests.
3.3. Children Aged 7 Years or Older
The Court will consider the child’s wishes as a crucial basis, alongside the 5 general deciding factors. Parents must ensure the child’s wishes are expressed objectively, without coercion or negative influence.

Common Custody Models and Effective Parenting Plans

Vietnamese family law primarily recognizes the following custody arrangements:
4.1. Sole Custody
One parent is granted the right to directly raise the child and becomes the primary decision-maker for daily care. This is the most common form in Vietnam.

Visitation Rights: The non-custodial parent retains the right to visit and spend time with the child regularly. This right cannot be obstructed unless there is a risk to the child’s safety.

4.2. Informal Co-Parenting Agreements
While not officially legalized as “Joint Custody,” parents may agree to share responsibilities and time with the child. The Court encourages and may approve these arrangements if they serve the child’s best interests.
4.3. Effective Parenting Plan
A Parenting Plan outlines how parents will share responsibilities post-separation to minimize conflict. A robust plan should include:

Residential arrangements, weekly schedules, and plans for holidays and vacations.
Schooling, medical care, and rules for communication between parents.

Resolving Disputes with a Foreign Element

5.1. Custody Rights of Foreigners in Vietnam
Foreign nationals have the right to seek custody upon divorce in Vietnam. The Court’s decision does not depend on the nationality of the parent or the child, but rather on the 5 deciding factors and “The Best Interests of the Child.”

Child’s Foreign Nationality: If the child holds foreign nationality, any change in residence post-divorce (e.g., moving the child abroad) may be scrutinized by the Court. If this impacts the non-custodial parent’s visitation rights and they object, the Court may change the primary custodian.

5.2. Procedure for Initiating a Custody Dispute in Court
When an agreement on custody cannot be reached, parties must file a lawsuit requesting the Court to resolve the dispute:

Filing the Petition: The party seeking custody files a petition with the competent Court.
Mediation: Before trial, the Court will conduct mediation to allow the parties to settle the custody issue themselves.
Court Judgment: Based on evidence of material and emotional conditions, the Court will issue a decision, which is immediately enforceable.

5.3. Modification of Custody Orders
Vietnamese law permits the modification of custody agreements if there is a significant change in circumstances, such as one parent relocating, becoming unfit to care for the child, or evidence of abuse/neglect.

Conclusion: The Vital Role of Specialist Legal Counsel

While amicable agreements may not require extensive legal support, engaging a specialist family law attorney is strongly recommended in cases of: high conflict, cross-border elements, or linkage with other legal issues like asset division.
Proper legal support ensures your rights and obligations are clearly understood, evidence is persuasively prepared, and your child’s interests are prioritized throughout the legal process.

The Family Law Firm – An Law Vietnam Commitment

Experience: A Resilient Legal Shield

Child custody disputes are among the most complex legal matters. Whether your agreement is amicable or highly contested, especially when involving cross-border factors or significant assets, the specialist experience of the attorneys at Family Law Firm – An Law Vietnam is the key factor, acting as a legal shield to ensure your rights and obligations are absolutely protected, with evidence prepared most persuasively before the Court.

Understanding: Strategy for the Child’s Future

At Family Law Firm – An Law Vietnam, we understand that gaining custody is not merely a legal suit; it is a battle for your child’s future and stability. We approach every case with strategic clarity and the necessary diligence, committed to achieving the outcome of “The Best Interests of the Child.”

Empathy: Support Through Emotional Pressure

We deeply empathize with the immense anxiety and emotional pressure you are enduring. We are committed not only to serving as your legal representative but also as a dedicated companion, ensuring the proceedings run smoothly, minimizing stress and negative emotions.

Appreciation: Our Final Pledge

Allow Family Law Firm – An Law Vietnam to appreciatively bear the legal responsibility and safeguard your family’s future.
To receive expert consultation and build the most optimal legal strategy regarding child custody arrangements in Vietnam, please contact us today:
📞 Phone: (+84) 986 995 543
📧 Email: info@anlawvietnam.com
📍 Head Office: Diamond Plaza, 34 Le Duan Street, Sai Gon Ward, Ho Chi Minh City
🏢 Vung Tau Branch: Vo Thi Sau Street, Vung Tau Ward, Ho Chi Minh City