In Korean–Vietnamese families, when a marriage breaks down, the primary concern of parents is often not the division of assets, but who will be granted custody of the child. This is a sensitive matter, as the Court’s decision affects not only the parents but also directly impacts the future of the child.

I. Legal framework and jurisdiction

If a couple divorces in Korea, the divorce judgment or decision must be consular legalized, translated into Vietnamese, and notarized at the district-level People’s Committee in order to be effective in Vietnam. Regarding the child’s nationality, the child may be registered as both a Vietnamese and a Korean citizen.

If the child is residing in Vietnam, disputes over custody shall be resolved by the Vietnamese People’s Court. In cases where a foreign court (for example, in Korea) has issued a judgment that has been recognized in Vietnam, the Vietnamese Court may suspend the case to avoid re-litigating the same matter.

II. Legal provisions on child custody in divorce

The 2014 Law on Marriage and Family stipulates that parents retain the rights and obligations to care for their children after divorce; the parent who does not have direct custody is obligated to provide child support and still retains the right to visit the child. The Court may also change the parent with direct custody if circumstances change.

If the parents cannot reach an agreement, the Court will consider economic conditions (income, residence), emotional conditions (time, affection, educational environment), and the child’s age. Children under 36 months are generally given to the mother, while children aged seven and above have the right to express their opinion.

III. Special cases involving a Korean–Vietnamese parent

If the father is Korean and resides in Korea, he must demonstrate sufficient economic capacity, a suitable living environment, and the ability to legally bring the child to Korea in order to obtain custody. If the mother is Vietnamese and the child is in Vietnam, she has an advantage, especially when the child is young. For children aged seven and above, the child’s wishes will be an important factor for the Court to consider.

After divorce, parents or relatives may request the Court to change the parent with direct custody if the current custodian no longer meets the necessary conditions.

IV. Rights and obligations following the allocation of child custody

– The non-custodial parent: must provide child support according to their financial capacity, has the right to visit the child, but if this right is abused to cause harm, it may be restricted.

– The custodial parent: has the right to request child support from the other party and must not obstruct the visitation rights of the non-custodial parent.

V. Conclusion

In Korean–Vietnamese child custody disputes: children under 3 years old are almost always given to the mother; for children aged 3–7, the court considers the actual living conditions; for children aged 7 and above, the child’s opinion is highly important. A Korean parent seeking custody must demonstrate financial capacity, a suitable living environment, and the legal ability to bring the child to Korea. The non-custodial parent must still provide child support and has visitation rights. In short, custody is likely to be granted to the parent who can provide the most stable and beneficial environment for the child.

VI. About NYLA – Korean Legal Office 

■ NYLA – Your Trusted Legal Partner in Korea

At NYLA, we understand that the success of foreign businesses in Korea requires not only a solid business strategy but also reliable legal support. With a team of experienced Korean attorneys and legal professionals, NYLA provides tailored legal services for companies, investors, and individuals operating or planning to establish a presence in Korea.

We support our clients throughout the entire business journey with comprehensive services, including:

• Legal consultation on company establishment, taxation, and immigration;
• Advice on commercial real estate, franchising, and product distribution;
• Support in human resources, marketing, and business strategy.

In addition to legal advisory, NYLA also represents clients in civil litigation cases related to business, labor, marriage, family, and inheritance to ensure their rights and interests are fully protected.

■ Contact NYLA

If you’re a foreign business or individual looking for a reliable legal partner in Korea, NYLA is here to help. We are committed to delivering effective, practical, and personalized legal solutions for every client.

With a proven track record of assisting hundreds of international clients, our team is equipped to help you navigate complex legal challenges—whether it’s commercial disputes, contract issues, or foreign investment guidance.

Don’t let legal matters hold you back. Let NYLA be your trusted guide in the Korean market.

■ Get in touch with NYLA for expert legal support

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