When you should get advice
- My child keeps saying they want to live with me
- My ex, the custodial parent, leaves our child with the grandparents and barely takes care of them
- Since my ex remarried, our child clashes badly with the new family
- My child already lives with me, but on paper my ex has parental authority
- My ex-spouse, who had sole parental authority, has passed away
Relevant provisions
Civil Act (민법) Article 837(5) (Change of matters concerning child-rearing)
If the family court finds it necessary for the child's welfare, it may change matters concerning child-rearing or make other appropriate dispositions, at the request of the father, mother, child or a prosecutor, or on its own authority.
Civil Act Article 909(6) (Change of the person with parental authority)
If needed for the child's welfare, the family court may change the designated person with parental authority to the other parent at the request of a relative of the child within the fourth degree.
Civil Act Article 909-2(1) (Death of the sole person with parental authority)
If the sole person with parental authority dies, the surviving parent, the minor or the minor's relatives may request that the surviving parent be designated as the person with parental authority within 1 month of learning of the death and within 6 months of the date of death.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
An agreement alone does not change the register
Even if the parents agree to change the custodial parent (양육자), changing the person with parental authority (친권자) on record requires a ruling by the family court. Changes of the person with parental authority and of dispositions on child-rearing are Category Ma non-contentious family cases, so they go through mediation first, and if both parents agree, they can end fairly quickly in mediation.
Once the decision is final, you must report the change of the person with parental authority to the city, district, town or township office within 1 month (Act on the Registration of Family Relationships Article 79(2)).
Courts do not easily disturb current stability
If the child is living stably in the current environment, the fact that the other parent is better off financially is not enough to make a change. You need to show with objective material, such as school attendance, medical records and counseling records, that the current arrangement is harmful to the child or that the change would clearly be better.
If the child is 13 or older, the court in principle hears the child's opinion before deciding (Rules on Family Litigation Article 100). The child's wishes are given significant weight, but they do not automatically decide the outcome.
- Neglect or abuse by the custodial parent, or repeated verbal abuse
- The custodial parent leaves the child with others and effectively does not care for the child
- Frequent moves and school transfers, or serious conflict within a stepfamily
- Continued blocking of the set visitation without a valid reason
Parental authority and custody can be changed separately
Parental authority is the power to act for the child in legal matters and manage the child's property, while custody means living with and caring for the child. If the child already lives with you but the other parent holds parental authority, you need the other parent's cooperation every time for school transfers, passport applications, opening a bank account or consenting to surgery.
In such cases, we apply to change either both the person with parental authority and the custodial parent or just one of them, depending on the circumstances. If the custodial parent changes, who pays child support to whom must also be set again.
If the sole person with parental authority has died
Even if the parent designated as the sole person with parental authority at the divorce dies, parental authority does not automatically pass to the other parent. You must request designation of the person with parental authority within 1 month of learning of the death and within 6 months of the date of death, and once that period passes, the family court can appoint a guardian for the minor (Civil Act Article 909-2).
The court decides on designation by looking at the surviving parent's willingness and ability to raise the child and their relationship with the child so far, so records of keeping in touch with the child and sending child support help.
How Jisan Law's Family Law Center proceeds
- 1
Identifying what has changed
The managing partner consults with you personally and compares the reasons the custodial parent was chosen at the divorce with the circumstances that have changed since.
- 2
Gathering material
We collect material the court will find credible, such as school, medical and counseling records, conversations with the child and records of visitation.
- 3
Deciding what to request
We decide which of the person with parental authority, the custodial parent, child support and visitation to change, and if it is urgent, we also apply for a pre-trial measure designating a temporary custodial parent.
- 4
Mediation and the family investigation
We prepare with you so that you can describe the child's life concretely in mediation and the family investigation (가사조사).
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
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Miso Kim Partner
Formerly at Daehwan Law Firm, in-house counsel on the legal team of Wemade Co., Ltd., and Oracle Law Firm
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Frequently asked questions
If my child says they want to live with their father, will it change right away?
Not right away. If the child is 13 or older, the court hears the child's opinion and gives it significant weight, but it judges whether those wishes serve the child's welfare together with the living environment.
I urgently need to bring my child to live with me.
Along with the request for a change, you can apply for a pre-trial measure asking the court to set a temporary custodial parent until the decision (Family Litigation Act Article 62). Forcibly taking the child can actually be judged against you, so go through the procedure first.
My ex also agrees. Do I really need a lawyer?
If both parents agree, the parents sometimes file themselves and finish in mediation. However, child support and visitation often have to be set again at the same time, so it is a good idea to check the wording of the mediation record carefully.