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Is it possible to later change the holder of parental authority that was determined at the time of divorce?

I divorced 10 years ago when my child was 5, and because of financial matters, my ex-husband took both parental authority and custody. I have been seeing my child regularly and simply want to live together, but my in-laws and my ex-husband just get angry, saying that will never happen. My financial situation has now become somewhat stable, so I can fully raise the child. Would it be possible to change the holder of parental authority that was determined at the time of divorce?

Change of the holder of parental authority

Answer

Published: 2023-03-22

Author : Kuk Il KIM

Even if the custodian and the holder of parental authority were determined at the time of divorce, a change of custody and of the holder of parental authority can be made where necessary for the child's welfare.

A change of the holder of parental authority can be requested from the family court by a relative of the child within the fourth degree of kinship, and the court decides on it.

When deciding whether to change the custodian and the holder of parental authority, the family court considers various factors, such as the child's age, and the parents' financial situation.

In particular, if the child is 15 years of age or older, the court must necessarily hear the child's opinion.

However, if hearing the child's opinion is likely to harm the child's welfare, the court may, exceptionally, not hear the opinion.

Once the change of the holder of parental authority is completed, you must file a report of the change of the holder of parental authority within 1 month from the date the judgment becomes final, at the competent city hall, district office, or the like.

At this time, you must attach a certified copy of the judgment and a certificate of finality. Through this procedure, the holder of parental authority is officially changed.

For details, we recommend that you obtain specific advice through a consultation with an attorney specializing in family law who has abundant experience with related cases.

With the assistance of an expert, you can reduce unnecessary procedural mistakes, and make a wise decision that considers the child's welfare as the top priority.