The divorce of a female police lieutenant and a lawyer: The mother has the right to custody of her child

(Baonghean.vn) - After several adjournments, on the morning of May 29, Vinh City People's Court issued a verdict, deciding on custody of the son under 36 months old for the wife, a Senior Lieutenant of Nghe An Province Police.

In 2013, Ms. Duong Thi TH (born in 1988), residing in Vinh City, married Mr. Le Hoang AT (born in 1979), residing in Ha Tinh Province. Ms. H. is a Lieutenant working in the provincial police, and Mr. T. is a member of the Vietnam Lawyers Association.

At first, this family life was quite peaceful, especially when Ms. H. gave birth to a son in September 2014. But then, the two began to have conflicts in their lives. Although both sides tried to find common ground, their feelings were increasingly broken. Due to many irreconcilable conflicts, in October 2016, the couple lived separately. In December 2016, Ms. H. filed for divorce and requested custody of her child (who was only 27 months old at that time).

“He values ​​animals more than his wife. He often tramples on my honor and dignity. Mr. T. does not respect his wife’s parents and her parents-in-law. We do not have common views on daily life and raising children. Not only that, recently, when the court has not yet decided on a divorce, he has deliberately tried to separate the mother-child relationship,” Ms. H. stated in her divorce petition.

After filing for divorce, on April 27, 2017, Vinh City People’s Court brought the case to trial and approved the couple’s divorce. At this trial, there was no dispute over property or material. However, their common child, who is not yet 36 months old, became a fierce dispute between the two parties.

The husband gave the reason: He has a high income with a salary equivalent to 15 million/month. He is taking good care of the child, as if he were sending him to the best school in Vinh City. He also hired a private doctor to take care of the child's health.

Refusing to let her husband have custody of their son, Ms. H. objected and said that if her son is under 36 months old, the custody belongs to the mother. She also affirmed that she has a stable income to raise her son to develop normally.

The representative of the People's Procuracy holding the right to prosecute at the trial expressed the opinion that the baby should be given to Mr. T. because he has a higher income and better care conditions than Ms. H.

The divorce trial and child custody dispute were suspended and extended to May 26, 2017 because Ms. H. provided several complaints from the people about Mr. T.'s property appropriation.

On the afternoon of May 26, 2017, the trial continued. At this trial, the parties maintained their views. Ms. H. earnestly requested the court to give her the right to raise her child because she had a stable income. Ms. H. also presented a petition from the Women's Union of Nghe An province requesting protection of the legal rights and interests of the mother and child of Ms. Duong Thi TH.

Mr. T. and his lawyer still maintain their viewpoint: "The right to custody of the child must belong to him because he has better conditions." After the meeting, the Court decided to extend the deliberation and announce the verdict on the morning of May 29.

This morning, the court continued its work and ruled that Ms. Duong Thi T. has the right to custody of her child. Mr. T. has the right to visit the child, Ms. H. and her family cannot prevent it.

Tran Vu