Adultery is still one of the reasons why it is easiest for a couple to decide to divorce. When a spouse has an affair during a divorce, it is very detrimental to the division of property as well as custody of the child.
Does the adultery wife have custody of the child?
Q: I found out my wife had been having an affair for 2.3 months now. Did I admonish my wife that she didn't listen to? I want a divorce, but can I take care of my two children, a 5-year-old, a 7-year-old? Would my lawyer advise me on the issue of wife adultery getting custody of children?
DFC consultants:
1. Is the adulterer's wife entitled to custody of the child?
His problem, lawyers would like to give advice as follows: For the man who has an affair, the first thing he thinks about is quickly divorce as soon as possible. However, this seriously affects the material as well as spiritual life of the children. You need to consider this carefully because the two babies are quite young.
His wife's affair is in violation of the Law on Marriage and Family 2014 due to the wife seriously violating obligations, making your marriage in serious condition, the purpose of marriage is not achieved. He has the right to unilaterally divorce or agree with his wife on divorce in the Court of Competent Jurisdiction. However, for the court to approve, you need to provide sufficient evidence and documents about your wife having an affair.
2. About raising children
Regarding child custody, the court should base on many other factors, Lawyers make cases that may occur as follows:
Case 1:where the agreement is reached, you can offer to be raised and cared for two children. You can directly discuss, agree with your wife about your desire to take care of your children, and offer support (if any). However, for grandchildren from 7 years old, he needs to consult, consider the aspirations of the child to see if he wants to stay with his father or with his mother, convince him.
Case 2:If the divorced siblings do not agree, he should give reasons for the couple's relationship to be fractured for the Court to accept the divorce grounds of the couple.
In terms of child support, you must prove that your wife neglected children, did not care, did not raise, did not perform a wife's obligations, did not care for the family, had an affair with another man, pursuent to Clause 1, Article 56 of the Law on Marriage and Family 2014. At the same time, prove yourself capable of nurturing the grandchildren.
In terms of economic conditions, you have a job, have a stable income, ensure your child's living and studying... stable accommodation. these factors will be based on your accommodation, property, income, financial conditions. Thus you must prove that you have more financial conditions than your wife, and the income level, your place of residence must be sufficient to ensure the conditions of nurturing and learning, playing for the baby.
In terms of personal conditions, you need to ensure that you have a healthy lifestyle, have a good moral personality, have a good sense of compliance with the provisions of law, abide by the guidelines of the Party and the State, live exemplary,... this is a condition to ensure your child can live in a civilized environment. In terms of mental conditions, you need time to care, care, teach, educate children, love for children so far, create conditions for children to play, entertain ...
In addition, you also need to consult the 7-year-old, as a rule, who to live with, the court will base on the wishes of the child. If you have a request for support, you can ask the Court to consider providing child support.
The above is the entire contents of the lawyer's advice on the issue of the wife having adultery to get custody of the child is not sent to the law firm DFC. If you have any problems, unknown or need other legal assistance, please contact us via Email: luatsudfc@gmail.com or call the Free Legal Advice Center 1900.6512 for the fastest support advice.
Luật Sư: Lê Minh Công
Với bề dày kinh nghiệm hơn 15 năm trong ngành tư vấn pháp luật, Luật sư tranh tụng tại Tòa án, Ông Lê Minh Công đã dẫn dắt DFC trở thành một thương hiệu uy tín và chất lượng cho người dân và là một trong những công ty đi đầu tại Việt Nam trong lĩnh vực tư vấn luật qua tổng đài.
