Can I apply to change the custodial parent?

What the Law Says

South Korean law allows modification of custody arrangements when changed circumstances make the current arrangement unsuitable for the child’s welfare.

Under the Civil Act, custody modifications are governed by Article 837-2, which permits courts to change custody upon petition if continuing the current arrangement harms the child’s welfare.

The court must prioritize the child’s best interests — including physical safety, emotional stability, education, and relationship with both parents — over parental preferences or prior agreements.

There is no fixed time limit to file for modification, but delays may weaken the claim if the court views the delay as acceptance of the status quo. If the custodial parent has relocated without consent, the non-custodial parent generally has one month from learning of the move to file.

Statutory Text

If it is found that the exercise of parental authority by the person designated under the preceding Article is not beneficial to the welfare of the child, the family court may, upon request of an interested party, change such person.

— Civil Act, Art. 837-2 — Change of Person Exercising Parental Authority

What to Do

Sources