Anyang Law Office's Assistance | Obtaining Parental Authority and Custody and Claiming Child Support With the Anyang Law Office's Help

The client was in a marital relationship with their spouse and had a child.

During the marriage, the client had frequent disputes with their spouse.

The main reason for the disputes was the spouse's gambling addiction.

The spouse, however, instead claimed that the client had subjected them to verbal abuse, physical violence, and unfair treatment, and, asserting that the cause of the breakdown of the marriage lay with the client, demanded a divorce.

The client accordingly requested the assistance of the Anyang law office in order to obtain parental authority and custody of the child in the divorce action against the spouse and to receive child support.

The Anyang law office explained the 🔗judicial divorce procedure.

※ Civil Act, Article 840 (Grounds for Judicial Divorce)

Either spouse may petition the Family Court for a divorce in any of the following cases:

1. If the other spouse has committed an act of infidelity

2. If one spouse has been maliciously deserted by the other spouse

3. If one spouse has been extremely unfairly treated by the other spouse or that spouse's lineal ascendant

4. If one spouse's lineal ascendant has been extremely unfairly treated by the other spouse

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

6. If there is any other serious ground making it difficult to continue the marriage

※ Civil Act, Article 837 (Responsibility for Fostering Children upon Divorce)

① The parties shall determine matters concerning the fostering of their child by agreement.

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

1. Determination of the custodian

2. Bearing of the fostering expenses

3. Whether and how visitation rights are to be exercised

③ If the agreement under paragraph (1) is contrary to the welfare of the child, the Family Court may order its correction or, on its own authority, determine the matters necessary for fostering, taking into account the intention and age of the child, the property situation of the parents, and other circumstances.

④ If an agreement on matters concerning fostering is not reached or cannot be reached, the Family Court shall, on its own authority or upon the request of a party, make a determination on these matters.

⑤ If 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 on its own authority, change matters concerning the fostering of the child or make another appropriate disposition.

*If you would like to have your individual situation reviewed closely, consulting an attorney can be helpful: 🔗legal consultation with an attorney.

The spouse argued that the client was violent and had engaged in frequent physical violence and verbal abuse.

The Anyang law office, in response, proved that the client's level of violent tendency was not high.

The results of an aggression and anger level assessment showed that the client's aggression and anger levels were low.

It noted that, on the contrary, the spouse's aggression and anger levels were on the high side.

The office also emphasized that the main causes of the disputes were the spouse's indifference toward the family and gambling addiction, and argued that the cause of the family breakdown lay with the spouse.

The spouse showed an irresponsible attitude toward the family because of the gambling problem.

The client requested child support from the spouse on several occasions but did not receive it.

The Anyang law office accordingly emphasized that the client, who was raising the child in a stable manner, should be designated as the holder of parental authority and as the custodian, and that the spouse should pay child support.

The client secured parental authority and custody in a divorce action and was also able to receive child support.

The Anyang attorney assists clients based on actual divorce data through collaboration with attorneys experienced in conciliation matters.

If you intend to pursue a divorce action, please request the assistance of an 🔗Anyang attorney.