[Goyang Family Law Specialist Attorney Favorable Judgment Case] Goyang Family Law Specialist Attorney Succeeds in Changing the Holder of Parental Authority and Custody, and Then in Claiming Past Child Support

The account that the client shared with the Goyang family law specialist attorney is as follows.

The client therefore filed a lawsuit to change the holder of parental authority from the client and the other party to ‘the client alone’ and to change the custodian from the other party to ‘the client,’

and to obtain reimbursement from the other party for the child support loss incurred during that period.

▣ On the Determination of Custody and the Holder of Parental Authority

- Supreme Court Judgment of May 13, 2010, 2009Meu1458, 1465

▣ On the Obligation to Return Unjust Enrichment Where the Duty of Support Was Not Fulfilled

- Seoul High Court Judgment of October 29, 1976, 76Na1878

The attorney emphasized that the client, a manager at a large corporation, earned a higher salary than the other party and thus had a favorable care environment.

The attorney also emphasized that, even when the client did not have custody, he had faithfully paid child support for the party concerned.

According to the Supreme Court's judgment, the person who should hold custody is determined by considering factors such as ‘the parent's affection and intention to provide care, and the degree of closeness with the party concerned,’

The attorney emphasized that the other party, who had instilled fear in the party concerned by committing abuse and had even driven the child to attempt suicide, was not qualified to be the custodian.

The client has actually been responsible for care from the time the party concerned attempted suicide up to the present.

The attorney therefore emphasized the need to calculate and recover from the other party the child support for this period (the same amount as the child support recognized in the decision recommending settlement at the time of the past divorce).

The above case was the account of a client who, with the assistance of the Goyang family law specialist attorney, regained parental authority and custody of his child and also succeeded in claiming past child support.

At Daeryun Law Firm, specialized attorneys with extensive experience in obtaining favorable judgments in similar divorce litigation actively assist clients.

If you are troubled by a situation similar to that of the client above, you may seek the assistance of Daeryun's Goyang family law specialist attorney at any time.