Question 53: Who has the right of custody of children who are 18 years old or older but still go to school and live with their parents at the time of divorce? Is the other parent responsible for providing support to them?

Under the Law on Marriage and Family, parents are obliged to look after, nurture, care for and protect the legitimate rights and interests of their minor children, or adult children who have lost their civil act capacity, or those cannot work, and have no property to support themselves, during the marriage period and even after the divorce[2]. Therefore, if any child, who is 18 years old or older, has full civil capacity and can work but chooses to study for higher education instead, the question of whom he or she shall live with will depend on that child’s decision and agreement with the parents. In this case, the spouse is not responsible for providing support to the child even though that child does not live with him or her.

In cases where a child, who is 18 years old or older, still goes to school but has no capability of working, and no property to support himself or herself, the person with whom the child shall stay depends on the parent’s agreement. If the parents cannot reach an agreement, the Court will decide while taking into account all aspects of the child’s interest, including his or her desire. In this case, under Article 110 of the Law on Marriage and Family 2014, the parent who does not live with the child shall have obligation to provide child support.

[2] Article 69.2, 81.1 of the Law on Marriage and Family 2014.

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