I don’t currently have a new job, but I have a source of income from renting a house and a steady source of money from dividends. What do I need to do to regain custody of my children?
Answer:
After divorce, parents have the right and obligation to look after their children. look after, care for, raise, and educate minor children, or adult children who have lost their civil act capacity; unable to work and have no assets to support themselves according to the provisions of the 2014 Law on Marriage and Family, the Civil Code and other relevant laws.
Accordingly, Husband and wife agree on who will directly raise the child, and the obligations and rights of each party after divorce regarding the child; In case no agreement can be reached, the Court will decide to hand over the child to one party to directly raise based on the child’s interests in all aspects; If the child is 7 years old or older, the child’s wishes must be considered.
Children under 36 months of age are given to the mother to directly raise, unless the mother is not qualified to directly look after the child. look after, care for, raise, educate the child or the parents have other agreements suitable to the child’s interests.
The fact that you do not have a stable job or income is an inconvenience. beneficial for gaining custody of the child, because this is one of the prerequisites to be considered when considering handing over the child. However, because that is only one of the factors considered, you can prove other conditions such as mental conditions, nurturing environment, development… to be able to win the right. raising children.
Therefore, to achieve your goal, you must prove that you have all the economic and spiritual conditions to help your child develop in the best environment in all aspects: care, care, nurturing, education…
Regarding economic conditions: must prove that they have enough material conditions in terms of guaranteed income, assets, stable residence…
Mentally: you must prove that you have enough time to be with your child, care for them, raise them, etc.
In addition, you can provide additional evidence to prove The remaining person does not have the physical and mental conditions to raise children such as: frequent acts of violence, unstable income, no time to raise, care for, and educate the children…</ p>
