[Incheon Attorney Favorable Judgment Case] Incheon Attorney Protects a Divorce Litigation Client's Custody Rights and Succeeds in a Claim for Child Support

The client who requested assistance from the Incheon attorney decided to end a marriage that had lasted for five years.

This was because, after it came to light that the defendant, who was the client's spouse, had secretly taken out a large loan, conflict became frequent, and the defendant did not come home for about six months.

In addition, although the defendant was the head of a household, the client concluded that the defendant had abandoned the plaintiff in bad faith, given that the defendant showed no wish even to see the child and provided no living expenses at all.

As a result, the client was raising the child alone and living through a difficult situation, and had received no contact from the defendant up to that point.

She therefore decided to pursue divorce litigation and requested the assistance of the Incheon attorney in order to obtain parental authority and custody rights and to claim child support.

Grounds for Judicial Divorce Provided Under the Civil Act (Article 840)

1. Where the spouse has committed an act of infidelity.

2. Where the spouse has maliciously abandoned the other party.

3. Where the person has been extremely unfairly treated by the spouse or the spouse's lineal ascendant.

4. Where the person's own lineal ascendant has been extremely unfairly treated by the spouse.

5. Where it has been unclear for three years or more whether the spouse is alive or dead.

6. Where there is any other serious cause that makes it difficult to continue the marriage.

Civil Act Article 837 (Divorce and Responsibility for the Custody of a Child)

(1) The parties determine matters concerning the custody of the child by agreement.

(2) The agreement under paragraph (1) must include the following matters:

- The determination of the custodian.

- The bearing of custody expenses.

- Whether and how visitation rights are exercised.

(4) Where the agreement on matters concerning custody is not reached or cannot be reached, the Family Court decides on these matters ex officio or upon the request of a party. In this case, the Family Court must take into account the circumstances under paragraph (3).

(5) Where the Family Court finds it necessary for the welfare of the child, it may, upon the request of the father, mother, child, or prosecutor, or ex officio, change matters concerning the custody of the child or take other appropriate measures.

Requirements for Parental Authority and Custody Rights

1. The wishes of the child.

2. The closeness with the child.

3. The parents' economic capacity and occupation.

4. The residential environment and the manner of caregiving.

5. The presence or absence of a supplementary caregiver.

The defendant stayed away from home for long periods, to the extent that the plaintiff regarded it as malicious abandonment, and the defendant also failed to provide living expenses.

The plaintiff supported the child alone during the period the defendant was absent, and argued that the marital relationship had broken down because of this irresponsible conduct by the defendant.

The plaintiff has a sound caregiving environment in terms of residential conditions, a supplementary caregiver, economic capacity, and other factors.

The attorney argued that the plaintiff had raised the child alone over a long period and had a close relationship with the child, and that the child likewise wished to live with the plaintiff.

Although the defendant earned more than twice the plaintiff's monthly salary, the defendant did not provide living expenses without a valid reason.

In addition, the attorney argued that the apartment in which they had been living had also gone to auction because of the defendant's debt, and that it was difficult to cover the child's education costs, insurance costs, and other expenses on the plaintiff's salary.

The case above was the account of a client who, with the assistance of the Incheon attorney, protected parental authority and custody rights and claimed child support in divorce litigation.

In divorce litigation, the most important factors in determining parental authority and the custodian are the wishes of the child, the family environment, economic capacity, and the like.

In addition, child support is affected by the combined income of the parents, the number of children, and other factors.

The help of an experienced attorney plays an important role in proving these matters.

Daeryun Law Firm's attorneys identify the specifics of a case, establish an effective strategy, and actively assist with the client's matter.

If you have decided to pursue litigation over parental authority or child support, as in the case above, you may request the assistance of Daeryun Law Firm's Incheon attorney.