
Question 49: In principle, if the child is under 36 months old at the time of divorce, the mother shall have custody of the child. However, is the mother entitled to transfer custody of the child to the father if she does not want custody since she is unable to care for, nurture, and educate the child? Or may the father be granted custody by proving the mother’s inability to care for, nurture, and educate the child?
The Law on Marriage and Family 2014 stipulates the special principle that children under 36 months old are brought to their mothers for the sake of better protection for their rights. In general, parents negotiate by themselves first to decide who shall have custody of the child, if an agreement cannot be reached, the Court…