JapanHow is child custody decided after divorce?
In Japan, child custody after divorce is decided based on the child’s best interests, with courts prioritizing continuity of care, the child’s wishes (if mature enough), and parental cooperation. Joint custody is not legally recognized; only one parent receives sole legal and physical custody.
What the Law Says
Japanese family law does not recognize joint legal custody after divorce. Instead, the Civil Code mandates that custody be awarded to a single parent based solely on the child’s best interests.
Under Article 766 of the Japanese Civil Code, when parents divorce, they must agree on who will have custody of their minor children. If they cannot agree, the family court decides custody based on 'the interests of the child.'
The law requires the court to consider several factors, including the child’s age and wishes (if the child has sufficient understanding), the parent’s ability to provide stable care, the child’s current living situation, and the willingness of each parent to support the child’s relationship with the other parent.
Importantly, Japanese law does not permit shared or joint custody — only one parent is granted full legal and physical custody. The non-custodial parent retains visitation rights and obligations such as child support, but no decision-making authority over education, health, or residence.
Statutory TextThe parent–child relationship shall be determined in accordance with the interests of the child.
— Civil Code, Art. 766 — Matters Concerning Parent-Child Relationships After Divorce
Statutory TextIn cases where the parents cannot reach agreement, the family court shall determine the person who shall have custody of the child, taking into account the interests of the child.
— Civil Code, Art. 766 — Matters Concerning Parent-Child Relationships After Divorce
What to Do
Try to reach a mutual agreement on custody with your spouse — this avoids court involvement and gives you more control.
If agreement is impossible, file a petition for custody determination at your local family court.
Prepare evidence showing your ability to provide stable, nurturing care (e.g., school records, medical reports, witness statements).
If your child is older (typically 10+), ensure their expressed wishes are respectfully communicated to the court.
Consult a licensed Japanese attorney (bengoshi) familiar with family law — especially if international elements or relocation are involved.
Sources
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South KoreaNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.