CONTENTS
- 1. A Client Who Came to a Family Law Attorney to Change Parental Authority and Custody
- - Background of the Case
- - Changing Parental Authority and Custody, the Assistance of a Family Law Attorney
- - As a Result of the Family Law Attorney's Assistance, a Successful Change of Parental Authority and Custody
- 2. The Concept and Procedure of Changing Parental Authority and Custody
- - Procedure for Petitioning to Change Parental Authority and Custody
- 3. Changing Parental Authority and Custody, the Necessary Response Strategy
- - Changing Parental Authority and Custody, the Reason the Assistance of a Family Law Attorney Is Necessary
1. A Client Who Came to a Family Law Attorney to Change Parental Authority and Custody
The circumstances of the client who came to a family law attorney to change parental authority and custody are as follows.
Background of the Case
The client suffered from domestic violence by her husband during the marriage.
The husband continued to drink and to threaten and disparage the client, and the client, unable to endure this, ultimately demanded a divorce.
The client and her husband had one five-year-old child, and the client had primarily taken on the child's upbringing alone.
The client wished to obtain parental authority and custody of the child, but the husband pressured her, saying that he would agree to the divorce only if she relinquished parental authority and custody.
The client, thinking that she would be able to visit and care for the child frequently, accepted the husband's demand, relinquished parental authority and custody, and proceeded with a divorce by agreement.
However, after the divorce, the husband interfered with the client's contact with the child and also failed to raise the child properly.
As a result, the client sought the help of a family law attorney to change parental authority and custody.
Changing Parental Authority and Custody, the Assistance of a Family Law Attorney
1) Proving the Deterioration of the Child's Health through the Collection of Evidence
At the time of the divorce, the child was in poor health and required ongoing medication and dietary management.
However, the husband had no understanding whatsoever of what medication the child was taking, what condition the child had, or how often the child went to the hospital.
Accordingly, the family law attorney, in cooperation with an evidence investigation center (a partner organization), secured a specialist's medical opinion stating that the relevant condition had worsened, photographs of the child eating delivered food, and the child's statement that the child was cooking and eating alone at home.
Through this, it was objectively proven that because the husband did not fully provide for the child's upbringing, the child's health had deteriorated, and as a result the child's welfare was being seriously undermined.
2) The Husband's Interference with Visitation Rights and Securing the Child's Statements
It was emphasized that although the client had consistently requested visitation rights with respect to the child from the time of the divorce, the husband had ignored this and interfered through actions such as taking away the child's mobile phone.
In addition, it was emphasized that the child also expressed a wish to live with the client, as shown by securing the child's statements such as "I want to live with my mother" and "I am the only one who does the housework."
Accordingly, it was strongly argued that the client's petition to change parental authority and custody fell within the case "where it is necessary for the welfare of the child" under Article 909, Paragraph 6 of the Civil Act.
3) Proving That the Client Was Suitable as the Holder of Parental Authority and the Custodian
The family law attorney emphasized, through pay statements and bank account records, that the client had a stable income.
In addition, the attorney stressed that the client's place of residence was also equipped with hospitals, schools, and cultural facilities, so that the client could raise the child in a good environment.
As a Result of the Family Law Attorney's Assistance, a Successful Change of Parental Authority and Custody
With the assistance of the family law attorney, the court recognized the following points.
2. The husband continuously interfered with the client's visitation, and the child also clearly expressed a wish to live with the client.
As a result, the court decided to change the parental authority and custody of the child to the client, and the client recovered the legal status to directly protect and raise the child once again.
2. The Concept and Procedure of Changing Parental Authority and Custody
Parental authority refers to the rights and duties of a personal and proprietary nature that parents hold with respect to their minor child.
A parent who exercises parental authority over a minor child bears the following rights and responsibilities.
▶Rights and Duties of the Holder of Parental Authority
② The authority to determine the place where the child resides (Article 914 of the Civil Act)
③ The authority to manage the separate property that the child has come to hold in the child's own name (Article 916 of the Civil Act)
④ The right of representation to carry out legal acts concerning the child's property on the child's behalf (Article 920 of the Civil Act)
Custody refers to the right to protect and educate a minor child and to decide on matters necessary for the child's growth.
▶Scope of Custody
② The right to decide on the child's daily life and living environment
③ The rights and responsibilities concerning the bearing of the child's support costs
④ Determining whether and how visitation between the child and the non-custodial parent will take place
This is a more concrete and substantial right than parental authority, and it includes the matters set out above.
Procedure for Petitioning to Change Parental Authority and Custody
Procedural Stage |
|---|
① Submission of the petition for adjudication (Family Court) |
② Acceptance of the case and preliminary investigation, with investigation by a family investigator if necessary |
③ Interviews with the child and the parties (the child's opinion must be heard if the child is 13 years of age or older) |
④ Hearing and decision on the change (judgment based on the welfare of the child) |
⑤ Notification of the change of parental authority and custody required within one month after the judgment becomes final |
3. Changing Parental Authority and Custody, the Necessary Response Strategy
When a petition is made to change parental authority and custody, the Family Court considers most importantly "whether it accords with the welfare of the child."
Therefore, materials and explanations that can objectively prove this are necessary.
Response Strategy | Specific Content |
Proving the Fact of Harm to the Child's Welfare | Organizing, through objective materials, the fact that the current upbringing environment is having a negative effect on the child's health, emotions, and life as a whole |
Demonstrating the Existing Custodian's Unsuitability for Upbringing | Failure-to-provide-care facts, such as neglect of illness management, neglect, and interference with visitation, presented through specific evidence |
Securing the Child's Intention | Where the child is above a certain age, securing the child's statement of intention regarding the parent with whom the child wishes to live, or an investigation report |
Presenting the Upbringing Environment after the Change | Stable income, housing environment, access to medical care and education, and the like, clearly explaining the environment in which the child will live after the change |
Changing Parental Authority and Custody, the Reason the Assistance of a Family Law Attorney Is Necessary
A family law attorney systematically organizes the facts and evidence from the early stages of the case, responding in a way that allows the court to be persuaded that the matter accords with the welfare of the child.
1. Constructing Evidence Tailored to the Criteria for Judging the Child's Welfare
The family law attorney sets the direction of proof centered on the factors the court regards as important, such as the child's health condition, the actual state of upbringing, and the situation regarding visitation.
The attorney selects the materials needed according to the nature of the case and organizes them so that they can be directly connected to the judgment.
2. Organizing the Issues to Match the Court's Judgment Structure
Through the initial consultation, the attorney organizes the flow of the case and sets the direction of the argument centered on the issues directly related to the change of parental authority and custody.
3. Comprehensive Presentation of the Upbringing Environment after the Change
The family law attorney also considers the environment in which the child will live after the change of parental authority and custody.
that stable upbringing is possible by comprehensively considering income, housing conditions, and access to medical care and education.
If you are considering a change of parental authority and custody, please confirm the accurate direction through a 🔗legal consultation reservationwith a family law attorney.
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