Parental Authority and Custody | Successful Change of the Holder of Parental Authority and Custodian with the Assistance of a Family Law Attorney

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.

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.

With the assistance of the family law attorney, the court recognized the following points.

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.

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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