Get custody of your children while abroad

Thủ tục ly hôn 2021: Hướng dẫn các bước chi tiết nhất - Global Vietnam Lawyers

According to the Law on Marriage and Family 2014, the rights and obligations of parents towards their children are prescribed as follows:

Article 81. Child care, rearing and education after divorce

1. After a divorce, parents still have the right and obligation to look after, care for, raise and educate their minor children and adult children who have lost their civil act capacity or are unable to work, and have no property to support themselves according to the provisions of this Law, the Civil Code and other relevant laws.

Thủ tục ly hôn 2021: Hướng dẫn các bước chi tiết nhất - Global Vietnam  Lawyers

2. Husband and wife agree on who directly raises children, obligations and rights of each party after divorce towards children; in case no agreement can be reached, the court shall decide to assign the child to one party to directly raise it based on the child’s interests in all aspects; if the child is full 07 years old or older, the child’s wishes must be considered.

3. Children under 36 months of age shall be assigned to their mothers to directly raise them, unless the mothers are not eligible to directly look after, care for, nurture and educate the children or the parents have other agreements suitable to their interests. my interests.”

Law on Marriage and Family 2014 at “Article 84. Change of person directly raising children after divorce

1. At the request of a parent or individual or organization specified in Clause 5 of this Article, the Court may decide to change the person directly raising the child.

2. The change of the person directly raising the child shall be settled when there is one of the following grounds:

a) The parent has an agreement on the change of the person directly raising the child in accordance with the interests of the child;

b) The person directly raising the child is no longer eligible to directly look after, care for, raise and educate the child.

3. The change of person directly raising children must consider the wishes of children aged full 07 years or older.

4. In cases where it is deemed that both parents are ineligible to directly raise the child, the court shall decide to hand over the child to the guardian according to the provisions of the Civil Code.”

According to the information you mentioned, your 5-year-old child needs to have foster care from his parents. In the event that your husband is arrested for prostitution, he will not be able to afford and support children, so you can ask the Court to change the custody of the children according to the provisions of the law. However, if you are going to work abroad, you will also face difficulties in raising children. In this case, it is possible to ask the natural guardian of the minor, who is a grandparent, to take care of the grandchild.