When a divorce is finalized, the decision or judgment will clearly state the person directly nurturing the child and the person providing child support after the divorce. So, once the right to direct custody has been granted, can it be changed? In which cases will the right to custody be changed? What needs to be prepared to change child custody after a divorce? What is the procedure for changing child custody? Readers can refer to the article below.

1. Regulations on changing child custody rights after divorce

According to the provisions in Clause 2, Article 84 of the Law on Marriage and Family 2014, the change of the person directly nurturing a child is resolved when one of the following grounds exists:

1. Parents have an agreement on changing the person directly nurturing the child in accordance with the child’s interests;
2. The person directly nurturing the child no longer meets the conditions to directly look after, care for, nurture, and educate the child.

Therefore, the right to custody can still be changed after divorce. In case the husband/wife does not agree to an agreement on changing the person directly nurturing the child, and if there are grounds that the husband/wife no longer meets the conditions to directly look after, care for, nurture, and educate the child, the husband/wife may request the Court to decide on the change of the person directly nurturing the child.

Contact for Lawyer’s Support: If you need legal advice and support, you can contact the Consulting Lawyer – Luật Kim Bảng via one of the following methods:

• Phone/Zalo: 034.540.6523
• Fanpage: Luật Kim Bảng – KBLAW
• Website: luatkimbang.com
• Email: luatkimbang@gmail.com

The scope of work the Lawyer supports you includes:

• Advising on legal regulations regarding conditions and grounds to gain child custody after divorce;
• Providing specific advice on legal issues related to your case;
• Assisting in drafting opinion documents to submit to the Court;
• Advising and guiding you to collect documents to prove your child-rearing conditions;
• Lawyers participate in protecting your best legal rights and interests;
• Advising and supporting procedures for appealing the judgment;
• Advising and supporting legal issues related to gaining child custody after divorce.

2. Who has the right to request a change in child custody after divorce?

After a divorce, the Court will hand over the right to direct custody to the husband or wife, whoever meets the conditions to care for, nurture, and educate the child. Therefore, when requesting a change in custody, the persons with the right will first be the father and mother.

However, it is not only the father and mother who have the right to request a change in the person directly nurturing the child. In addition to parents, the following individuals, agencies, and organizations also have the right to request a change:

• Close relatives: Persons with marriage or nurturing relationships, of the same direct bloodline, and related within three generations. Therefore, close relatives can be grandparents, paternal/maternal aunts, uncles, etc. (Clause 19, Article 3 of the Law on Marriage and Family 2014);
• State management agencies for family and children: People’s Committees at the district and provincial levels; Departments of Labor, Invalids and Social Affairs; Divisions of Labor, Invalids and Social Affairs; Departments of Culture, Sports and Tourism…
• The Women’s Union.

According to this regulation, the person with the right to request a change in the person directly nurturing the child after divorce is the father, mother, or the individuals, agencies, and organizations mentioned above.

3. What needs to be prepared to change child custody?

Upon divorce, if the two spouses have an agreement, the Court will recognize it and hand the child over to the father or mother for nurturing according to the agreement. If there is no agreement or an agreement cannot be reached, the Court will base its decision on all aspects of the child’s interests to hand the child over to the father or mother.

In reality, there are many cases where, after gaining custody, the father or mother no longer cares for the child, or even commits violence against the child, failing to ensure the child’s best interests. Therefore, those with the rights mentioned above have the right to request a change.

After divorce, parents may have an agreement on changing the custodian in accordance with the child’s interests. In case of a dispute, the requester needs to provide evidence proving the current custodian no longer meets the conditions to directly look after, care for, nurture, and educate the child.

The dossier to be prepared includes:

• Application for change of custody (if parents agree) or Petition for change of custody (if parents do not agree);
• Legally effective Court Decision/Judgment;
• Household registration book, ID card/Passport (certified copies);
• Child’s Birth Certificate (certified copy);
• Documents proving the request for change: Labor contract, pay slip, savings book;…

Contact the Consulting Lawyer – Luật Kim Bảng at 034.540.6523 (Zalo) for specific advice on the dossier to gain child custody after divorce.

4. Procedures for changing child custody

Changing child custody after divorce is one of the civil litigation procedures. Therefore, this procedure is carried out according to the provisions of the Civil Procedure Code. When wanting to change custody after divorce, the requester needs to write an application and submit it to the Court.

Form for requesting a change in child custody after divorce: If parents agree on changing the person directly nurturing the child in accordance with the child’s interests, both parents must submit an application to the Court. The application is written according to Form No. 01/VDS. If they cannot agree, the person requesting the change needs to file a lawsuit using Form No. 23-DS. After writing the application according to the form, you need to prepare a complete dossier including the papers and documents mentioned above.

Submitting the application for changing child custody: Pursuant to Articles 28 and 29 of the Civil Procedure Code 2015, the request (if agreed) or dispute (if not agreed) regarding the change of the person directly nurturing the child falls under the jurisdiction of the Court. Pursuant to Clauses 1 and 2, Article 35 of the Civil Procedure Code 2015, the district-level Court has the jurisdiction to resolve the dispute or request for change of the person directly nurturing the child. According to Point i, Clause 2, Article 39 of the Civil Procedure Code 2015, the Court with jurisdiction to resolve the request to recognize the agreement is the Court where one of the parties resides or works. In case an agency, organization, or individual requests the change, the Court where the child is residing has the jurisdiction. Thus, the jurisdiction for changing custody after divorce is the district Court where one of the two parties resides or works, or the district Court where the child is residing.

Processing time for child custody change requests: Depending on the form of request, the processing time will be faster or slower:

• Lawsuit: Normally 04 – 06 months from the date the Court issues the notice of acceptance.
• Request: Normally 02 – 04 months from the date the Court issues the notice of acceptance. However, in reality, the processing time may be shorter or longer depending on the specific case.

5. Is it necessary to hire a Lawyer to change child custody?

Hiring a Lawyer to change child custody after divorce is a service that many parents are concerned about. Because children are the greatest asset of parents. Sometimes parents want to change child custody after divorce to bring the best conditions for the child’s development. But not all parents know and clearly understand the provisions of the law. Hiring a Lawyer to change child custody will help fathers and mothers gain their legitimate rights, specifically:

• The lawyer will advise you on the legal regulations regarding the conditions and grounds to gain child custody after divorce;
• The lawyer provides an initial assessment of your case;
• The lawyer discusses with you the difficulties, disadvantages, or advantages that can be foreseen when performing the procedure;
• The lawyer advises and supports the drafting of the application to change child custody after divorce;
• The lawyer advises you on the necessary papers and documents to be submitted with the application;
• The lawyer guides you to collect papers and documents to prove that your request is grounded;
• The lawyer supports the drafting of opinion documents or other documents to be submitted to the Court (if any);
• The lawyer participates in best protecting your legitimate rights and interests at the Court;
• The lawyer advises and guides you to appeal the judgment if you do not agree with the content of the first-instance judgment.

Lawyer Services: As a reputable legal service provider in the field of Marriage and Family, Luật Kim Bảng has a team of Lawyers and legal experts with many years of practical experience to support customers with legal issues related to Marriage and Family. We are ready to support you in resolving the legal issues you are facing. For the Lawyer service to gain child custody after divorce, the contents supported by Luật Kim Bảng include:

• Preliminary or in-depth advice on conditions and grounds to gain child custody after divorce;
• Supporting the drafting of the application to change child custody after divorce;
• Advising and guiding the collection of dossiers to gain child custody after divorce;
• Lawyers participate in resolving disputes to gain child custody after divorce;
• Advising and supporting procedures for appealing the judgment;
• Advising and supporting legal issues related to gaining child custody after divorce.

Contact Divorce Lawyer – Luật Kim Bảng – Phone/Zalo: 034.540.6523