South KoreaCan a minor child choose which parent to live with?
In South Korea, a minor child aged 13 or older may express their preference on custody, but the court makes the final decision based on the child’s best interests—not the child’s choice alone.
What the Law Says
South Korean law recognizes a child’s developing autonomy by allowing their opinion to be considered in custody decisions—but only as one factor among many. The court retains full authority to determine custody based on the child’s welfare.
Under the Civil Act of South Korea, when deciding parental authority or custody after divorce, the court must consider the child’s wishes if the child is 13 years of age or older.
However, the child’s preference is not binding. The court must prioritize the child’s best interests—including stability, emotional well-being, education, and relationship with each parent—over the child’s stated preference.
The law does not grant minors the legal capacity to independently choose residence; parental authority remains subject to judicial determination until the child reaches majority (age 19).
Statutory TextIf a child who has attained the age of thirteen expresses his/her intention regarding parental authority, the court shall take it into consideration.
— Civil Act, Art. 837-2 — Matters Concerning Parental Authority
What to Do
Ensure the child is at least 13 years old before requesting the court to hear their preference.
File for custody determination or modification through family court.
Submit written or oral statement from the child (often via court interview or counselor report).
Provide evidence supporting why the proposed arrangement serves the child’s best interests.
Attend all hearings and cooperate with court-appointed evaluations (e.g., family court investigation).
Sources
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UKNot 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.