

Q
I want to obtain parental authority and custody. Are there requirements?
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Hello. I have decided to divorce due to my husband's verbal abuse and domestic violence. Now my husband has even raised his hand against the children... I want to at least protect the children. If nothing else, for the children's safety, I definitely want to obtain parental authority and custody. Are there any separate requirements for obtaining parental authority and custody?
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Answer to Related Inquiry
Author: 김국일
You have asked about parental authority and custody. Usually, parental authority and custody are obtained through agreement at the time of divorce.
However, if such an agreement is not reached, the family court designates the person with parental authority and the custodian, taking into account the child's wishes, the child's age, the parents' financial situation, and various circumstances.
Even if parental authority and custody already belong to the other party, the family court may change matters concerning custody if it is judged necessary for the child's welfare.
You may think that such economic factors are the biggest factor in the designation of parental authority and custody.
That is not necessarily so. It would be good to emphasize the formation of the children's attachment relationship and the ability to maintain a similar level of childcare environment even after the divorce.
In addition, you said that you wish to be designated for parental authority and custody based on your husband's fault.
If you gather evidence of the grounds of fault, it may work more favorably in a custody lawsuit.
I have seen many people who find it difficult to gather materials that can prove their own circumstances while preparing for a parental authority and custody lawsuit.
I recommend that you establish a logical strategy with the help of a family law attorney so that you can be designated for parental authority and custody.

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