Inheritance law advice

The right to adopt children when divorcing

1. Right-divorce parenting

When divorced spouses should have equal rights to each other in the matter of children, including child rights after a divorce is legally recognized and regulated by the Law on marriage and family rights reared 2014. Accordingly children after divorce is specified in Article 81 as follows: “after the divorce, parents still have the right, the obligation to look after, care, nurture and educate their minor children, adult children loss of capacity for civil acts or inability to work and no property to support themselves in accordance with this Law, civil Code and other relevant laws. ”
2. When divorce who gets custody?

Under the provisions of the law on child rights after divorce, children under 36 months of age, it will give priority to foster parents. This is stipulated in Clause 3 of Article 81 of the Law on marriage and family: “I’m under 36 months are allocated for direct feeding mother, unless the mother is not eligible for direct care, care, nurture and educate the children or the parents agree otherwise in line with the interests of the child “Thus, in case the mother is not eligible child, the father has the right to ask the court to win custody. However, for cases of children under 36 months of age if the mother wants custody and child support conditional to the custody of the mother is almost absolute. This is to ensure the care and development of the best for the child.
For the case of children over 36 months old parents have custody of the children equally so has the right to parenting after divorce. According to the provisions of Clause 2, Article 81 of the Law on marriage and family, the “Spouses who deal directly about raising children, obligations and rights of each party after divorce for children; case no agreement is reached, the Court decided to assign one party directly raise based on the interests of children in all aspects. ” Note for children over 7 years old, the court will consider the wishes of the child as a basis to arbitrate custody.
3. Pursuant to win custody of children after divorce

To win custody should have given grounds to justify that requirement is equitable, a child needs to demonstrate its ability to parenting is best for the child, including the ability of plants physically and mentally.
The physical factors include: family circumstances, income, economic conditions, property …
Mental factors include: Time of care, teaching and educating children, love for children, the conditions for the entertainment, education … of parents.
The right to adopt children after divorce will be the court of arbitration and ruled in a judgment or decision with the divorce.

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