Ulsan Divorce Attorney's Assistance | Client Who Succeeded in Changing the Holder of Parental Authority With the Assistance of an Ulsan Divorce Attorney

The client who came to the Ulsan divorce attorney sought, with the assistance of an attorney specializing in this field, to change the holder of parental authority and the custodian and therefore requested a consultation from the Ulsan office's divorce attorney.

Petition for Change of the Holder of Parental Authority and the Custodian

(1) Even if the holder of parental authority and the custodian of a child were determined at the time of divorce, the holder of parental authority and the custodian may be changed where it is necessary for the welfare of the child (Civil Act Article 837(5), Article 843, and Article 909(6)).

(2) The holder of parental authority may be changed by petitioning the family court for a change of designation. A change of the custodian may be made by agreement between the parties after the divorce, and where no agreement is reached, it may be changed by petitioning the family court for a change of designation [Family Litigation Act Article 2(1)2(b)3) and 5)].

Persons Entitled to Petition

(1) A change of the custodian may be petitioned for by the father, the mother, the child, or the prosecutor to the family court, and the family court may also change it ex officio (Civil Act Article 837(5) and Article 843).

(2) However, a change of the holder of parental authority may be petitioned for by a relative within the fourth degree of kinship of the child (Civil Act Article 909(6)).

Criteria for Determination in an Adjudication on the Change of the Holder of Parental Authority and the Custodian

(1) The family court determines whether to change the holder of parental authority and the custodian by considering the age of the child, the financial situation of the parents, and other circumstances (Supreme Court Decision 98Seu17, 18, July 10, 1998).

(2) In particular, where the child is 13 years of age or older, the family court must hear the opinion of that child. Where the opinion of the child cannot be heard, or where it is recognized that there are special circumstances under which hearing the child's opinion would instead harm the child's welfare, the court may decline to hear the child's opinion (Family Litigation Rules Article 100).

In order to succeed in changing the holder of parental authority and the custodian, the Ulsan divorce attorney analyzed the other party's brief and established a careful strategy. The attorney made the following arguments.

■ That the other party had the young children clean the bathroom with bleach, which is harmful to the body, and abused the children by frequently becoming angry and making them watch his mood

■ That the children also wished to live with the client

■ That this was an important period for the client's children to grow up in a stable environment

The Ulsan divorce attorney, whose arguments the court accepted, obtained a ruling stating, “The holder of parental authority and the custodian of the children concerned shall be changed from the other party to the petitioner (the client).”