We have received many inquiries regarding the child support obligation and custody/visitation rights under Korean law. Some cases are related to the divorcing parties and some to the unmarried couples who had babies during the relationship.
Establishment of Paternity under Korean Law
In case of unmarried couples, the birth father has no parental rights and obligations until his paternity is established in Korea. That can be done in 2 ways. One is to report himself as the father with the Korean local government. And the other one is filing a paternity suit.
Determination of Child Care Issues
When the parental relationship is established, the unmarried couple needs to agree on child care issues such as child custody, visitation, and child support. The same goes for the couple divorcing in South Korea. When it is hard to reach an agreement, the matters will be heard and decided by the judge per the party’s filing a suit with the Korean family court.
How do the Korean Courts Decide Who Gets Child Custody?
The Korean judges consider and review various factors in making the decision of child custody. The rule of thumb is the best interest of the child.
In Korea, it is very hard for the father to be awarded custody when the child is very young. The mother’s consent or history of child abuse, abandonment, mental illness are required for the father to have the child custody.
When the child grows, the chances that the father takes the custody right gets bigger. Then the parties should actively demonstrate to the judge how he or she can provide a better atmosphere for the child.
In this regard, financial capacity is not a decisive factor. That is because the financial aspect of the child’s care is supplemented by the child support by the non-custodial parent.
Calculation of the Child Support Amount
As to the child support amount, there is an internal rule of the Korean Family Court about its calculation.
For example, when the child is under the age of 2, the monthly cost ranges from 500USD to 1600USD depending on the total incomes of both parties. Then the court applies a distributed share to the monthly cost. The most common share is 50:50, which means the child support amount usually ranges from 250USD to 800USD. But the judge can adjust the amount a little bit by her own discretion.
Visitation Right in Korea
As to the child visitation, the most common visitation schedule is 2 weekends per month and 3 or 4 days for each of summer and winter vacation.
All these child custody related issues can be negotiated and settled between the parties, too. In such a case, it is always good and safe to contact a Korean qualified attorney before making any decision. He can not only provide you with the relevant legal information and opinion but also guide you on how to formalize the parties’ agreement.
If you have any questions regarding this article or you are in a similar case/situation, please visit our Legal Consultation center or send your inquiry email by clicking here. Our Korean qualified lawyer will answer your inquiry.
You can find more articles about Korean divorce law here.
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