How do I get custody of my child?

What the Law Says

South Korean law does not presume joint custody. Custody decisions are made solely based on the child’s best interests, with no automatic preference for either parent.

Custody of minor children after divorce or separation is governed by the Civil Act. The court decides custody — or approves a parental agreement — focusing exclusively on what serves the child’s welfare.

The law requires courts to consider factors such as the child’s age, health, attachment to each parent, caregiving history, and the parents’ ability to provide stable care. Children aged 15 or older must be heard unless exceptional circumstances apply.

There is no statutory presumption of shared custody or equal time. The court may award sole custody to one parent, designate a guardian, or assign custody to a third party (e.g., grandparent) if both parents are unfit.

Statutory Text

When husband and wife divorce, the court shall determine which spouse shall have custody of the minor child, taking into account the best interests of the child.

— Civil Act, Art. 837 — Custody of Minor Child

Statutory Text

In determining custody, the court shall hear the opinion of a child who has attained the age of fifteen years, unless there are unavoidable circumstances.

— Civil Act, Art. 837-2 — Hearing the Opinion of the Child

What to Do

Sources