The Rights related to your Children after Divorce in Korea

Regardless of a divorce by agreement or a judicial divorce, divorced parents with minor children shall consult with each other to determine child custody and support issues(Article 837, Article 843 『Civil Act』).

Parent with Legal Custody and Parent with Residential Custody (Residential Parent)

Once it is determined in accordance with the best interest of the child that which parent is more suitable to live with the child, courts usually decide the residential parent as the parent with 'legal custody'.

Generally, the court would not split the siblings by having one or more children living with one parent and the rest with the other parent, since they would like to avoid hurting the feelings of the children twice.

Child Support - The Right of the Child

To ensure children have the necessities for living, growth, and education, payment of child support is necessary. Nonresidential parent shall commit himself or herself to pay child support by all means, and execute heartily with utmost effort under the circumstances. However, it is not required under the Korean law to pay additional money for the living expenses of the ex-spouse, and this is a huge difference from the US legal system, where spousal support is heavily taken into consideration.

Visitation Right

Children need both mom and dad. If the children are disconnected from one parent, they cannot become physically, emotionally, and morally well-balanced individuals. Visitation right is a right acknowledged to both parents and children. Therefore, residential parent has a legal duty to carefully consider that children see their nonresidential parent sufficiently and stably. Usually, visitation right is given once or twice in a month, generally from Saturday 12:00 pm to Sunday 5:00 pm, however, the specific things may vary depending on the situation.

For further information on the rights concerning child support and visitation rights and more, please do not hesitate to contact us at any time.

Thank you.