CONTENTS
- 1. Change of the Holder of Parental Authority | Grounds for the Change
- - The Core of the Grounds for Changing the Holder of Parental Authority
- 2. Change of the Holder of Parental Authority | Method of Change
- - Procedure for Petitioning to Change the Holder of Parental Authority
- - Persons Entitled to Petition for the Change
- - Preparing the Petition for a Ruling on Designation and Change
- - List of Attached Documents
- - Cost of Petitioning for the Change
- 3. Change of the Holder of Parental Authority | Family Investigator's Inquiry
- - The Timing and Method of the Inquiry
- - Summary of the Inquiry's Content
- 4. Change of the Holder of Parental Authority | Required Evidence
- - Key Materials That Prove the Welfare of the Child
- 5. Change of the Holder of Parental Authority | Reporting the Change
- - Persons Obligated to Report and the Deadline
- - Place and Method of Reporting
- - Documents to Be Submitted
- 6. Change of the Holder of Parental Authority | Checklist
- - The Divorce Attorney's Support System
1. Change of the Holder of Parental Authority | Grounds for the Change
A change of the holder of parental authority may be sought where it is necessary for the child's welfare.
Here, parental authority refers to the legal rights and duties that parents hold over a minor child, encompassing matters relating to the child's status and property (Article 909 of the Civil Act).
The authority to actually protect and raise the child and to care for the child in daily life is the right of custody, which is a distinct concept.
Upon divorce, the holder of parental authority and the custodian may be designated as the same person or as different persons.
The Core of the Grounds for Changing the Holder of Parental Authority
Article 909(6) of the Civil Act permits a change of the holder of parental authority only “where necessary for the child's welfare.”
That is, it is not possible on the basis of mere parental conflict or financial circumstances alone, and the following circumstances are considered.
Factors the Family Court Considers
∙ The parents' custody environment, capacity to provide protection, and financial situation
∙ The child's wishes (a duty to hear them applies where the child is 13 or older)
∙ Improper conduct by the current holder of parental authority (neglect, abuse, and the like)
2. Change of the Holder of Parental Authority | Method of Change
A change of the holder of parental authority must be effected through a ruling of the family court.
It is also granted only when the abstract standard of the child's welfare is satisfied.
Procedure for Petitioning to Change the Holder of Parental Authority
In practice, the following procedure is followed.
② Receipt of the case and preliminary inquiry, with a family investigator's inquiry where necessary
③ Interview with the child and the parties
④ Hearing on the change and decision (determined on the basis of the child's welfare)
⑤ Report of the change of the holder of parental authority is required within 1 month after the judgment becomes final
Persons Entitled to Petition for the Change
A change of the holder of parental authority may not be petitioned for by just anyone.
Under Article 909(6) of the Civil Act, the persons who may petition for a change of the holder of parental authority are limited to relatives of the child within the fourth degree of kinship.
These include the following persons.
∙ Grandparents (including maternal grandparents)
∙ Siblings
∙ Paternal aunts, uncles, maternal aunts, maternal uncles, and the like
Preparing the Petition for a Ruling on Designation and Change
If you wish to change the holder of parental authority, you must submit a petition for a ruling to the family court.
The petition must specifically state the parties' personal details, the information of the subject of the case (the child), the subject of the change, the grounds for the change, and the like, and supporting materials and records of the fee payment must also be submitted.
Key Items to Complete in the Petition
Item | Content to State |
Petitioner | The petitioner's name, resident registration number, address, and contact details |
Respondent | The personal details of the former spouse or the parent who is the current holder of parental authority |
Subject of the Case | The child's name, resident registration number, and address |
Purpose of the Petition | e.g., the holder of parental authority for the subject of the case shall be changed to the petitioner |
Grounds for the Petition | The specific grounds requiring the change (harm to the child's welfare, problems with the current holder of parental authority, and the like) |
List of Attached Documents
The following documents must be attached to the petition.
2. The respondent's family relationship certificate (detailed) and resident registration abstract
3. The child's basic certificate (detailed), family relationship certificate (detailed), and resident registration abstract
4. Supporting materials (certificate of employment, income records, certified copy of the real estate register, psychiatric diagnosis, and the like)
5. One copy of the petition
Cost of Petitioning for the Change
Item | Amount and Method of Submission |
Revenue Stamp | 10,000 won × number of items (20,000 won when designating or changing both the holder of parental authority and the custodian) |
Service Fee | Pay at the designated bank and attach the payment slip |
Place of Submission | File at the civil affairs office of the family court with jurisdiction over the respondent's address |
3. Change of the Holder of Parental Authority | Family Investigator's Inquiry
A case for a change of the holder of parental authority is not decided on the parties' assertions alone.
To concretely confirm the abstract standard of the child's welfare, an inquiry by a family investigator is conducted, and this is a very important stage in practice.
The Timing and Method of the Inquiry
When a petition for a change of the holder of parental authority is received, the family court designates a family investigator to conduct interviews with the parties and the child, an examination of the home environment, a review of the custody situation, and the like.
The interview with the child is generally conducted alone, without a guardian present.
Summary of the Inquiry's Content
The family investigator confirms the facts with a focus on the following items.
∙ The current custody environment (living space, stability of daily life)
∙ The parents' will to provide custody, capacity to provide protection, mental health, and financial means
∙ Whether the current holder of parental authority or the respondent has engaged in improper conduct
∙ The child's wishes and opinion (including statements from a child aged 13 or older)
4. Change of the Holder of Parental Authority | Required Evidence
A change of the holder of parental authority is not recognized merely on the basis of the parents' wishes.
The family court determines whether the change genuinely serves the ‘welfare of the child,’ and concrete supporting evidence is required for this assessment.
At this stage, various materials are required to substantiate the current holder's unfitness, the petitioner's capacity to raise the child, and the child's wishes.
Key Materials That Prove the Welfare of the Child
① The Child's Psychological and Emotional State
- School record, homeroom teacher's written opinion
- Play therapy or psychological therapy records
② Problematic Conduct of the Current Holder of Parental Authority
∙ Records of police reports
∙ Call recordings, text messages, CCTV, and the like
③ The Child's Wishes
∙ Content of the interview with the family investigator
5. Change of the Holder of Parental Authority | Reporting the Change
After a ruling granting a change of the holder of parental authority, a report must be filed to reflect the change in the family relations register.
This report may appear to be a simple administrative procedure, but if it is omitted, the legal effect of parental authority will not be reflected in public documents such as those relating to schools, hospitals, and resident registration, which can disrupt the actual legal relationship.
Persons Obligated to Report and the Deadline
Category | Person Obligated to Report | Reporting Deadline |
Change by Agreement | Parents (supporting documents required if one party reports alone) | Within 1 month from the date of designation |
Change by Court Decision | The person who filed the action or the new holder of parental authority | Within 1 month from the date the ruling becomes final |
If the report is not filed without justifiable grounds, an administrative fine of up to 50,000 won may be imposed (Article 122 of the Act on the Registration of Family Relations).
Place and Method of Reporting
: The child's registration base address, or the city (district), eup, or myeon office having jurisdiction over the reporter's place of residence or current location
∙ If Residing Abroad
: Filing is also possible at the Family Relations Registration Office for Overseas Koreans
∙ Method of Application
: In person or by mail
(however, reporting by registered mail is restricted in principle)
Documents to Be Submitted
Document Name | Description |
Certified copy of the ruling on designation (change) of the holder of parental authority and certificate of finality | Required in the case of a change by court decision |
Application for correction of the family relations register (Form No. 13) | Completed via Government24 or on site |
The child's basic certificate and family relations certificate | May be omitted where they can be verified by the administrative agency |
The reporter's identification | For an agent, include a power of attorney and the agent's identification |
6. Change of the Holder of Parental Authority | Checklist
A change of the holder of parental authority is not accepted on the strength of assertions alone.
The central criterion that the family court applies is whether the change “serves the welfare of the child,” and supporting evidence, explanation, and a strategy are required to prove this.
Checklist Before Filing a Petition for Change
Item to Prepare | Details |
Supporting Evidence | Proof of the child's condition, your own caregiving capacity, and the other party's problematic conduct |
Organizing the Strategy | A logical structure centered on the welfare of the child |
Preparing the Petition | Drafting the petition in line with the legal structure |
Preparing the Child | Fostering emotional stability during interviews and investigations |
Administrative Report | Completing the report of change within one month after the judgment becomes final |
The Divorce Attorney's Support System
This firm has a substantial number of divorce litigation attorneys with experience in handling a wide range of divorce and family matters, including parental authority and custody, claims for child support, and correction of the registry.
In addition, through a dedicated consultation attorney system, the firm accurately assesses the nature of the case from the initial stage and assigns a suitable attorney to provide systematic support.
From filing the petition for a ruling to administrative procedures such as reporting, the firm provides comprehensive support aimed at the complete conclusion of the case.
If you find yourself in a situation requiring a change of the holder of parental authority, 🔗request a divorce attorney legal consultation appointment.
Daeryun, ranked 9th among law firms in Korea (based on 2025 value-added tax filings with the National Tax Service), provides trust-based legal services.
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