When a husband and wife who have children decide to divorce in Korea, who shall have parental authority and custody will be the main issues of divorce proceedings. Parental authority and custody are sometimes confused, so it is necessary to clearly understand what they mean first.
Parental authority means the parent’s rights and responsibilities of protecting, educating, and representing the minor child and of managing the minor child’s property. Specifically, a parent who has parental authority can decide where the child shall reside and which school the child should shall go to. When the child obtains to a new passport and the child has surgery, the consent of the parent who has parental authority is required.
Custody means the parent’s rights and obligation to educate and protect the minor child. Child custody is included into parental authority, so parental authority has a broader concept than custody does.
It is possible for the husband and wife to have shared parental authority when they divorce in Korea. However, it is more common that a custodial parent has sole parental authority, too. Korean Civil Act does not prohibit shared custody for a divorced couple, but it is very unusual that it is granted at the family court.
A noncustodial parent will have visitation rights to the minor child and shall pay child support to the custodial parent. The amount of child support will be decided based on the sum of the parents’ incomes, the age of the minor child and other financial factors.
When the court decides who shall have parental authority and custody, the child’s welfare is regarded as a priority, so the court reviews each parent’s financial capacity and their abilities to provide stable environments for the minor child. If he or she is 13 years old or older, the child’s opinion should be considered, and if the child under age of 13 who can express his or her opinion, the child’s opinion is often heard in the divorce proceedings.