How are parental rights and custody handled for a child born after divorce?

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I'm currently pregnant and have decided to divorce due to personality differences with my husband. In the situation where I've decided to proceed with divorce, I'm wondering how parental rights and custody will be handled for the child due to be born. How will it be handled legally after the child is born? Will I need to file a parental rights/custody lawsuit?

parental rights and custody

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作者: 김국일

When proceeding with a consensual divorce or mediated divorce during pregnancy, an agreement on parental rights and custody of the child is prepared and decided.

However, if there is no room for agreement between the two and the reasons for divorce fall under judicial divorce reasons, you have no choice but to proceed through litigation.

When proceeding with a divorce lawsuit during pregnancy, the divorce itself can be established, but parental rights and custody for the unborn fetus cannot be legally determined.

Children born within 300 days after the divorce is established are presumed to be the natural children of the couple.

If agreement on the parental rights holder is not reached, you can file a petition for designation of the parental rights holder and receive a court judgment.

Parental rights and custody are determined with the welfare of the child as the top priority.

In this case, various parenting conditions and environments are comprehensively considered, but during pregnancy, this cannot be predetermined.

Therefore, for cases such as parental rights and custody, it is recommended to receive help from a specialized attorney to establish a strategy suited to the situation and proceed with the case.

For details, please consult a specialized attorney.