Gunsan Civil Attorney | Gunsan Attorney Succeeds in a Civil Suit Claiming Parental Authority and Child Support

The biggest reason the client came to the Gunsan civil attorney was her young child.

The client had sexual relations with the defendant, whom she met while traveling, and ultimately became pregnant and gave birth. However, the defendant refused to confirm paternity and extremely limited any contact during that time.

There was no support whatsoever for the living expenses needed for the birth and child-rearing, and even communication was not carried out smoothly.

In the meantime, the child frequently fell ill and had to visit the hospital often, and the client was unable to bear the living expenses, hospital costs, and other child-rearing expenses on her own.

For the sake of the child's future, the client needed to receive child support consistently, so she proceeded to consult with Daeryun's specialized attorney.

Let us briefly review the relevant statutes together with the Gunsan civil attorney.

• Civil Act, Article 837 (Responsibility for Fostering a Child Upon Divorce)

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

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

1. Determination of the person who fosters the child

2. Bearing of the fostering expenses

3. Whether and how the right of visitation is exercised

(3) Where the agreement under paragraph (1) is contrary to the welfare of the child, the Family Court may order correction or, ex officio, determine the matters necessary for fostering, taking into account the will and age of the child, the financial situation of the parents, and other circumstances.

(4) Where an agreement on matters concerning fostering is not reached or cannot be reached, the Family Court shall determine such matters ex officio or upon the request of a party. In this case, the Family Court shall take into account the circumstances under paragraph (3).

(5) Where 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 ex officio, change the matters concerning the fostering of the child or make another appropriate disposition.

(6) The provisions of paragraphs (3) through (5) shall not bring about any change in the rights and obligations of the parents other than matters concerning fostering.

• The court must determine only the appropriate amount of child support to be borne by the other party, excluding the child support to be borne by the person fostering the child (Supreme Court judgment rendered in 2020, etc.).

• Parents have a responsibility to foster their child jointly, and the expenses incurred in fostering must also, in principle, be borne jointly by the parents. However, where, due to some circumstance, only one of the parents comes to foster the child, the person fostering the child may claim from the other party a share of an appropriate amount of the present and future child support.

The client argued that it was justified to claim child support from the defendant. Considering that she has actually raised the child from the time of birth to the present, it is reasonable for her, as the person fostering the child, to claim child support.

Although the defendant had denied the child's paternity, the client confirmed through a genetic test that a biological parent-child relationship was established.

As the father, the defendant has an obligation to bear child support, along with the claim for acknowledgment of paternity.

The court, accepting the submissions of Daeryun Law Firm, decided so that the client could receive child support.

However, taking into account that both the client and the defendant were in their twenties, the court considered this in calculating the child support and ruled accordingly.

This is a case in which, with the assistance of the civil attorney at the Gunsan branch office, a civil matter such as parental authority and child support was decided in the direction the client had hoped for.

Daeryun forms a team of attorneys with extensive experience in child support cases and assists with the overall procedures of the litigation.

If you feel troubled by a dispute over child support, parental authority, or similar matters, as the client above did, we recommend that you seek help through a consultation with Daeryun Law Firm.

Daeryun Law Firm presents a systematic response strategy for its clients.

We will strive to be a Daeryun Law Firm that always assists clients diligently.