I’m 30 years old, my girlfriend is 25 years old. We love each other and live together as husband and wife since 2015 but have not registered for marriage and have not married. We now have a common child who is a 2-year-old grandson and does not have any common property. Currently, we don’t want to live together anymore and I really want to care for my son.
So please let me know how the current law regulates this and what do I have to do to get custody of my child? Thank you!
According to Article 14 of Law on Marriage and Family 2014, a man and woman eligible for getting married under this Law who cohabit as husband and wife without registering their marriage have no rights and obligations between husband and wife. Therefore, with your case, if you and your girlfriend eligible for getting married that cohabit as husband and wife without registering the marriage, there are no husband and wife relation between you and your girlfriend.
Settlement of care for common child of parents for men and women cohabiting as husband and wife without marriage registration is complied with the regulations of Law on Marriage and Family on looking after, care for, raising and education of children after divorce. Accordingly, a child under 36 months of age shall be directly raised by the mother, unless the mother cannot afford to directly look after, care for, raise and educate the child or otherwise agreed by the parents in the interests of the child.
Therefore, with your case, if you would like to raise and care for your child, you should agree with your girlfriend to ensure the most advantages for your child. In case you and your girlfriend can not agree who directly raise your child, your girlfriend shall directly raise child under three years old. Unless you prove that the mother of the child is not eligible to directly look after, care for and nurture the child, such as conditions for accommodation, income, financial conditions, time of care … You have the right to ask the Court to have the authority to consider for you to have custody and care to ensure the best development of your child. /.