Law on Marriage and Family 2014 stipulated the detail of change of the person directly raising children after divorce
1. The authority competent: according to Clause 1 Article 84 of Law on Marriage and Family 2014, a court may decide to change the person directly raising a child at the request of a parent or a person or an organization.
2. The legal grounds for changing the person directly raising children:
- The parents agree on change of the person directly raising a child in the interests of this child;
- The person directly raising the child no longer has sufficient conditions to directly look after, care for, raise and educate the child
3. Conditions regarding to the change of the person directly raising children
- Upon change of the person directly raising a child aged full 7 or older, this child’s desire shall be taken into account.
- When seeing that both parents fail to have sufficient conditions to directly raise a child, a court shall decide to assign this child to a guardian in accordance with the Civil Code.
4. In the interests of a child, the following persons, agencies or organizations have the right to request change of the person directly raising this child:
- Next of kin;
- The state management agency in charge of families;
- The state management agency in charge of children;
- The women’s union./.