[Expert Contribution] In divorce proceedings and custody battles, does the woman have the advantage?... Children's welfare comes first

One of the most acute issues in divorce proceedings is the custody issue.

In cases where there is a fight over custody, it is actually a good thing. This is because it means that the parents at least have the will to raise the child. On the other hand, if you try to avoid childrearing responsibilities by passing them on, you are bound to be in trouble. Custody is not just a battle for rights, but an issue directly related to the life of the child. Property division or alimony can be settled in monetary terms, but child custody has a decisive impact on the life of the parents as well as the growth and development of the child, so the judgment must be cautious.

So what standard does the court apply when appointing a custodian? It is often said that ‘women have an advantage when it comes to custody.’ To conclude, half are right and half are wrong. The standard that the court consistently emphasizes is the ‘welfare of the child,’ that is, the stable growth and happiness of the child.

First of all, the continuity of the child's age and upbringing environment is important. In the case of preschool children or lower grades of elementary school, the parent who has primarily raised the child is often designated as the custodian. This is why mothers who have lived with their children are often designated as custodians, even if they are economically disadvantaged.

Next, parents' will and ability to raise children are also important criteria for judgment. Although high income does not mean that you will be granted custody, it is taken into consideration how diligently you are willing to take care of the child and whether your work or life pattern is suitable for raising the child. In this case, even if the child is economically active, if there is an auxiliary caregiver such as a grandparent who can cooperate in raising the child, it is considered positively.

The child's wishes are also respected. In many cases, the court directly confirms the opinion of the child, such as who the child has formed a more secure attachment with and whether he or she is satisfied with his or her current life.

In the past, there was a strong tendency to entrust custody to the mother when the child was young, but recent trends show that more emphasis is placed on the actual level of childcare participation and environment rather than the gender of the parents. The number of cases where fathers who have actively cared for their children are designated as custodians is steadily increasing. This can be said to be a trend that reflects social changes and changes in the division of roles within the family.

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[Expert Contribution] Does the woman have the advantage in divorce proceedings and custody battles?... Children’s welfare comes first (Shortcut)