Changing Custody After Divorce in Korea Why the Path Is Narrow but Clear

In my consultations, many parents who gave up custody at the time of divorce eventually come back saying I want to raise the child now. The first thing I tell them is the same: changing custody is typically one of the hardest family-law claims, but a narrow path is not a closed one. If you know what the court actually weighs and prepare for it, there is a clear line of cases — like this one — where the claim is granted.

The petitioner was the mother of the child; the respondent was the father. The two heads of relief were:

• Change of the parental authority and custodian from the respondent (father) to the petitioner (mother)
• An order requiring the respondent to pay monthly child support until the child reaches majority

Parental authority and custody had been assigned to the father at the time of divorce, and the mother was now seeking to bring both back.

Drawing on the case record and witness examinations, the court weighed the recognized facts in the round. The factors expressly noted in this case include:

• The age of the child
• The current caregiving environment — by whom and in what manner the child is being raised
• The wishes of the petitioner and the respondent
• Above all, the wishes of the child himself or herself

The decisive criteria were the welfare of the child and the wishes of the child. The defining feature of this ruling is that the case was evaluated from the child perspective, not the parents.

The court found that changing parental authority and custody from the respondent (father) to the petitioner (mother) was necessary for the smooth development and welfare of the child. This is the central order of the ruling.

On child support, the court applied the principle that until the child reaches majority both parents have a legal duty to share child-support obligations. Taking into account the wishes of the parties, their ages, the child age, and other circumstances, the court ordered the respondent to pay 300,000 won at the end of each month, from the date the ruling becomes final until the child reaches majority.

Another important message in this ruling is that changing the custodian does not extinguish the non-custodial parent obligation to pay child support. The principle that even a parent without custody owes a duty to share child support as a parent of the child was applied in full.

I sometimes hear the question I lost custody, do I still have to pay child support? — and this is typically a misunderstanding. Parental authority and custody are one legal relationship; child-support obligations are another.

Cases like this one tend to share certain patterns. Not every case looks the same, but in practice the recurring features are:

• The child wishes are clearly expressed at or above a certain age
• Objective circumstances suggest the current caregiving environment does not match the child welfare
• The petitioner has a stable caregiving environment (housing, income, caregiving infrastructure)
• A reasonable visitation plan for after the change is proposed

One important point: showing that the current caregiving environment has flaws is often not enough on its own. The petitioner also has to actively show that they can build a more suitable environment for the child welfare.

The court considers the child age and maturity to decide whether and how to hear the child. The typical channels are:

• Reports from the family investigator on interviews and home visits
• Written statements from the child (drafted by the child or recorded by the investigator)
• Direct hearing of the child wishes in court above a certain age

If either parent has influenced the child, the court typically discounts the credibility of that statement. Steering the child wishes therefore tends to backfire.

To those considering a custody-change claim, I recommend checking five things first:

• Can you explain why custody was originally given to the other party at the time of divorce, and what has changed since?
• Can you objectively describe the child current age, school, caregiving environment, and emotional state?
• Do you have materials proving you have the housing, income, and caregiving infrastructure to raise the child?
• Have you designed a child-friendly visitation plan with the non-custodial parent for after the change?
• Have you built an environment in which the child wishes can form naturally, free of coercion or steering?

When all five are organized in balance, the probability of a successful claim — as in this case — typically rises.

The 300,000 won per month set in this case was the result of weighing the wishes of the parties, their ages, the child age, and other circumstances together. Many believe child support is calculated strictly by table, but in practice the following are weighed as well:

• The current income and asset situation of the non-custodial parent
• The income of the custodial parent
• The child age and whether the child has entered school
• Average childcare cost in the area of residence
• Frequency of visitation with the non-custodial parent

Applying the same child-support calculation table can therefore produce different amounts in different cases.

Q. We agreed at divorce that we would not seek to change custody — can a claim still be filed? A. If there has been a change of circumstances and a change is needed for the child welfare, that contractual language alone typically does not bar the claim. The child welfare is not a right the parents can dispose of by agreement.

Q. How much weight does the child wish carry around age 13? A. There is no single rule, but the child age, the consistency and naturalness of the expression are weighed together. When the child wish is clear, free of coercion or steering, and consistently the child own, it tends to carry decisive weight.

If you want a quick read on whether your facts could support a custody-change claim, you can use Start a chat consultation now and share just the child age, the current caregiving setup, and roughly when the divorce happened.

Jonjae Law Firm — family and inheritance team Family and inheritance specialists Last reviewed 2026-05-30

This article is general legal information and does not replace legal advice for an individual case. Outcomes vary by facts, so for an actual dispute please seek a separate consultation.