Gangnam Law Firm Assistance Case | Change of the Holder of Parental Authority and Custodian Through the Gangnam Law Firm's Assistance

The Gangnam law firm explained in detail about a 🔗change of the holder of parental authority.

• Petition to Change the Holder of Parental Authority and the Custodian

① Even if the holder of parental authority and the custodian of the child were determined at the time of divorce, the holder of parental authority and the custodian may be changed where necessary for the welfare of the child (Article 837 (5) of the “Civil Act,” 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, and 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 [Article 2 (1) 2 (b) 3) and 5) of the “Family Litigation Act”].

• Criteria for Adjudication on a 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, dated July 10, 1998).

② In particular, where the child is 13 years of age or older, the Family Court must hear the opinion of the child, and where it cannot hear the child's opinion, or where it is found that there are special circumstances under which hearing the child's opinion would rather harm the child's welfare, the court may decline to hear the child's opinion (Article 100 of the “Family Litigation Rules”).

*This may vary depending on each individual's situation, so for an accurate review, please obtain a 🔗legal consultation with an attorney.

The client's child expressed a wish to live with the client.

The Gangnam law firm argued that, in accordance with the child's wishes, the client should be designated as the holder of parental authority and the custodian.

After the divorce, the child came to the client, and the client is currently caring for the child.

The Gangnam law firm argued that it was the client, rather than the defendant who was the custodian, who was raising the child.

The defendant had been designated as the holder of parental authority and the custodian of the child, but neglected this.

The Gangnam law firm emphasized that the client should accordingly be changed to the holder of parental authority and the custodian, and that the client should also receive child support.

With the Gangnam law firm's assistance, the client was able to obtain designation as the holder of parental authority and the custodian, as well as child support.

If the financial situation of either parent changes after a divorce, or circumstances arise that require a change relating to custody, you may proceed with a lawsuit to change the holder of parental authority and the custodian.

The Gangnam attorney provides legal services based on actual litigation data, in collaboration with attorneys experienced in family matters.

If you are in a situation like the one above, please request the assistance of a 🔗Gangnam attorney.