Child custody disputes are the most emotionally charged part of any divorce. Many assume “the richer parent wins” or “the mother always has priority” — in reality, courts decide on a single principle: the best interests of the child in all respects.
This article analyzes the criteria courts consider in custody disputes under Articles 81–84 of the Law on Marriage and Family 2014.
1. The supreme principle: the child’s interests
Article 81 of the Law on Marriage and Family 2014 (No. 52/2014/QH13) provides: spouses first agree on who directly raises the child; if they cannot agree, the court assigns the child to one parent based on the child’s best interests in all respects.
This means a custody “battle” is not a contest of parental rights, but a demonstration of who offers the child the best conditions.
2. Three decisive age thresholds
- Children under 36 months: assigned to the mother for direct care — with two exceptions: the mother lacks the conditions to directly look after, care for, nurture and educate the child; or the parents agree otherwise in the child’s interests;
- Children from 36 months to under 07 years: the court weighs all conditions of both parents comprehensively;
- Children aged 07 or older: the court must consider the child’s wishes — but this is “consideration”, not the child’s free choice; the court still makes the final decision based on the child’s interests.
3. The criteria courts examine
To prove you are the better-placed parent, prepare evidence in two groups:
- Economic conditions: stable monthly income, stable housing, ability to cover the child’s living, schooling and healthcare costs;
- Moral and emotional conditions: actual time spent with the child; emotional bond; moral character; healthy living environment; a concrete care and education plan.
You may also present evidence that the other parent lacks the conditions: habitual violence, neglect, no time for the child, unstable income, unsuitable living environment, etc.
4. Rights and obligations after the decision
- The non-custodial parent (Article 82): must pay child support; has visitation rights that no one may obstruct; but must not abuse visitation to harm the child’s care and upbringing;
- Changing the custodial parent (Article 84): where there are grounds that the current custodial parent no longer meets the conditions, relatives, state family/children authorities or the Women’s Union may petition the court for a change.
5. Frequently asked questions
Q: Does the higher earner always win custody?
A: Not necessarily. Courts assess overall “best interests” — a high earner who constantly travels and has no time for the child may lose to a modest earner who provides devoted daily care.
Q: The mother works far away and the grandmother cares for the child — can the mother keep custody of an under-36-month child?
A: In principle, under-36-month children go to the mother, unless it is proven she lacks the conditions for direct care. Grandmother’s help does not equal the mother losing her rights.
Q: Can I forbid the other parent from visiting the child?
A: No — not on your own. Only the court may restrict visitation, where the non-custodial parent abuses visitation to the child’s detriment (Article 82).
Need to prepare a custody case file? Contact us for advice.
This article was prepared by the FLAW AI Legal Council. Content is pending QA Council review before submission for approval; information is for reference only and does not replace legal advice for your specific case.
